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GUNTER v. MERCHANTS WARREN NATIONAL BANK

Civ. Nos. 13-117, 14-20.

360 F.Supp. 1085 (1973)

June B. GUNTER, Plaintiff, v. MERCHANTS WARREN NATIONAL BANK et al., Defendants. LAKE ARROWHEAD ESTATES, INC. and Leisure Living Communities, Inc., Plaintiffs, v. Russell P. and Rebecca H. CUMMING et al., Defendants.

United States District Court, D. Maine, S. D.

June 25, 1973.

Attorney(s) appearing for the Case

Thomas A. Cox, David M. Cohen, Portland, Me., for plaintiffs.

Roger S. Elliott, Saco, Me., for all individual defendants.

Roland A. Cole, Wells, Me., for County officials.

Matthew S. Goldfarb, Portland, Me., for bank.

David C. Pomeroy, Asst. County Atty., Portland, Me., for Sharpe.

Martin L. Wilk, Asst. Atty. Gen., Augusta, Me., for Caron.

Before COFFIN, Chief Judge, GIGNOUX and BOWNES, District Judges.

OPINION

GIGNOUX, District Judge.

These two cases present the identical question of whether the provisions of Chapter 507 of Title 14, M.R.S.A. (14 M.R.S.A. § 4451 et seq.) and Rule 4A of the Maine Rules of Civil Procedure, insofar as they permit the prejudgment attachment of real estate without prior notice and hearing, violate the Due Process Clause of the Fourteenth Amendment to the United States Constitution. Plaintiffs have brought the actions under...

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