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JERNIGAN v. ECONOMY EXTERMINATING COMPANY

Civ. A. No. 13856.

327 F.Supp. 24 (1971)

Alfred JERNIGAN v. ECONOMY EXTERMINATING COMPANY, Inc. and H. A. Spruill, Individually and in his capacity as Marshal of the Fulton County Civil Court, State of Georgia, Defendant-Intervenor.

United States District Court, N. D. Georgia, Atlanta Division.

May 13, 1971.

Attorney(s) appearing for the Case

William J. Brennan, Jr., Robert Dokson, Atlanta, Ga., for Alfred Jernigan.

Harold Sheats and Paul Anderson, Atlanta, Ga., for H. A. Spruill.

Charlie Parker, Jr., Atlanta, Ga., for Economy Exterminating Co.

Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Asst. Atty. Gen., Alfred L. Evans, Jr., Carl C. Jones, III, A. Joseph Nardone, Jr., Atlanta, Ga., for State of Georgia.

Before BELL, Circuit Judge, and EDENFIELD and HENDERSON, District Judges.

EDENFIELD, District Judge:

This case began as an attack by the plaintiff, Alfred Jernigan, complaining of a pre-judgment seizure of a car by his former employer, Defendant Economy Exterminating Company, pursuant to the Georgia bail trover statutes (Ga.Code Ann. § 107-201 et seq.). The constitutionality of these statutes was attacked for the same reasons relied upon in Sniadach v. Family Finance Corp., 395 U.S. 337, 89 S...

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