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D. H. OVERMYER CO. v. FRICK CO.

No. 69-5.

405 U.S. 174 (1972)

92 S.Ct. 775

31 L.Ed.2d 124

D. H. OVERMYER CO., INC., OF OHIO ET AL. v. FRICK CO.

Supreme Court of United States.

Decided February 24, 1972.

Attorney(s) appearing for the Case

Russell Morton Brown argued the cause and filed a brief for petitioners.

Gregory M. Harvey argued the cause for respondent. With him on the brief was James M. Tuschman.

Franklin A. Martens filed a brief for the Ohio State Legal Services Assn. et al. as amici curiae urging reversal.

MR. JUSTICE BLACKMUN delivered the opinion of the Court.

This case presents the issue of the constitutionality, under the Due Process Clause of the Fourteenth Amendment, of the cognovit note authorized by Ohio Rev. Code § 2323.13.1

The cognovit is the ancient legal device by which the debtor consents in advance to the holder's obtaining a judgment without notice or hearing, and possibly...

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