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PATTERSON v. WARNER

Civ. A. No. 69-232 CH.

371 F.Supp. 1362 (1972)

Clover PATTERSON, Individually and on behalf of all other persons similarly situated, Plaintiff, v. George WARNER, Individually and in his official capacity of Justice of the Peace of Kanawha County, Louden District, West Virginia; and Graham Motor Company, a corporation, Defendants.

United States District Court, S. D. West Virginia, Charleston Division.

Decided August 25, 1972.

Attorney(s) appearing for the Case

John L. Boettner, Jr., J. David Cecil and Herman Canady, Jr., Legal Aid Society of Charleston, Charleston, W. Va., for plaintiff.

James G. Anderson, III, Asst. Atty. Gen., for defendants.

Before FIELD, Circuit Judge, and CHRISTIE and KNAPP, District Judges.

KNAPP, District Judge:

On November 7, 1969, plaintiffs instituted the above styled civil class action challenging the constitutionality of Chapter 50, Article 15, Section 2, of the West Virginia Code of 1931, as amended. The statute in question requires the posting of bond in a penalty double the amount of the judgment in order to perfect an appeal from a judgment rendered by a Justice of the Peace in a civil action....

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