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DORSEY v. COMMUNITY STORES CORPORATION

Nos. 70-C-551, 70-C-516.

346 F.Supp. 103 (1972)

Gloria DORSEY, individually and on behalf of all other persons similarly situated, Plaintiffs, v. COMMUNITY STORES CORPORATION et al., Defendants. Gloria TAYLOR, individually and on behalf of all other persons similarly situated, Plaintiffs, v. NELSON BROS. FURNITURE CO., Inc., et al., Defendants.

United States District Court, E. D. Wisconsin.

June 6, 1972.

Attorney(s) appearing for the Case

Milwaukee Legal Services by Mark E. Wilson, and Thomas D. Crandall, Milwaukee, Wis., for plaintiffs.

Karl M. Dunst, Asst. Corp. Counsel, Wolke & Krause, Foley & Lardner, by Lawrence J. Bugge and Robert A. Christensen, Milwaukee, Wis., for defendants.

Before SWYGERT, Chief Judge, and REYNOLDS and GORDON, District Judges.

DECISION and ORDER

These cases present a challenge to the constitutionality of the Wisconsin replevin statutes. Wis. Stats. §§ 265.01-265.13. Plaintiffs have moved for summary judgment, and the matter has been fully briefed by the parties.

The challenged Wisconsin statutes permit a plaintiff in a replevin action, upon the filing of an appropriate affidavit and bond, to cause the sheriff of the county in which the property is located "to take the...

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