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HENSLEY v. GASSMAN

Nos. 11-1071, 11-1129.

693 F.3d 681 (2012)

Sheila HENSLEY and McClellan Hensley, Sr., Plaintiffs-Appellants/Cross-Appellees (11-1071 & 11-1129), McClellan Hensley, Jr., Plaintiff-Appellee (11-1129), v. Ronald GASSMAN, d/b/a RepoRon, Defendant-Appellee (11-1071), Kevin Scott and Brian Gilbert, Jr., Defendants-Appellees/Cross-Appellants (11-1071 & 11-1129), Howie S. Hanft, Burns Liquidating, LLC f/k/a Burns Recovery, LLC, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 11, 2012.

Attorney(s) appearing for the Case

ARGUED: J. Nicholas Bostic , Law Office, Lansing, Michigan, for Appellants/Cross-Appellees. G. Gus Morris , McGraw Morris P.C., Troy, Michigan, for Appellees/Cross-Appellants. ON BRIEF: J. Nicholas Bostic , Law Office, Lansing, Michigan, for Appellants/Cross-Appellees. G. Gus Morris , McGraw Morris P.C., Troy, Michigan, for Appellees/Cross-Appellants.

Before: BATCHELDER, Chief Judge; McKEAGUE, Circuit Judge; and QUIST, District Judge.

OPINION

QUIST, District Judge.

This case presents the classic scenario of a repo-man attempting to snatch a creditor's collateral — here a vehicle — under cover of darkness in the middle of the night from a defaulting debtor. Although the repo-man, Ronald Gassman, attained his objective, things did not go quite as smoothly as he had hoped: the possessor of the vehicle verbally and physically...

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