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MITCHELL v. STATE OF TENNESSEE

No. C-72-241.

351 F.Supp. 846 (1972)

Louis Curtis MITCHELL and Mary Louise Mitchell, Plaintiffs, v. The STATE OF TENNESSEE et al., Defendants.

United States District Court, W. D. Tennessee, W. D.

September 28, 1972.

Attorney(s) appearing for the Case

G. Philip Arnold, Memphis & Shelby County Legal Services Ass'n., Memphis, Tenn., for plaintiffs.

Bart Durham, Asst. Atty. Gen. State of Tennessee, Nashville, Tenn., for defendants.

Before PECK, Circuit Judge, WELLFORD and McRAE, District Judges.

MEMORANDUM OPINION

WELLFORD, District Judge.

It should be noted that the Fuentes v. Shevin, 407 U.S. 67, 92 S.Ct. 1983, 32 L. Ed.2d 556 (1972) decision was a 4-3 decision of the Supreme Court, the effect of which was to declare unconstitutional under the due process clause of the Constitution replevin laws of the States of Florida and of Pennsylvania. Justice White wrote in that case a strong and compelling dissenting opinion...

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