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BAY STATE HARNESS HORSE R. & B. ASS'N v. PPG INDUSTRIES, INC.

Civ. A. Nos. 72-2178-M, 72-3460-M.

365 F.Supp. 1299 (1973)

BAY STATE HARNESS HORSE RACING AND BREEDING ASSOCIATION, INC., Plaintiff, v. PPG INDUSTRIES, INC., and Barry T. Hannon as he is Register of Deeds of Norfolk County, Massachusetts, Defendants. Elliot J. ENGLANDER, Plaintiff, v. Beryl BREITSTEIN, and Barry T. Hannon as he is Register of Deeds of Norfolk County, Massachusetts, Defendants.

United States District Court, D. Massachusetts.

August 7, 1973.

Attorney(s) appearing for the Case

Phil David Fine, Boston, Mass., for plaintiff Bay State.

Malcolm D. Finks, Boston, Mass., for plaintiff Englander.

Philip T. Jones, Weymouth, Mass., for defendant PPG.

Saul Andelman, Boston, Mass., for defendant Breitstein.

Bruce G. McNeil, Boston, Mass., for defendant Hannon.

W.P. Colin Smith, Jr., Boston, Mass., on brief for amici curiae Sami J. and Nadia W. Baghdady.

Edward F. O'Brien, Worcester, Mass., on brief for amicus curiae Joseph A. Smith.

Neil Sugarman, Boston, Mass., on brief for amicus curiae Data Realty Corp.

Stephen F. Gordon, Boston, Mass., on brief for amicus curiae Commercial Law League of America.

Dennis M. O'Dea, Boston, Mass., on brief for amici curiae Stanley G. Welsh and Marjorie W. Whittemore.

D. K. Kasakoff, Worcester, Mass., on brief for amicus curiae Aberman Realty Building Corp.

Paul John Kilgarriff, Asst. Atty. Gen., for Commonwealth of Massachusetts.

Before COFFIN, Circuit Judge, MURRAY and FREEDMAN, District Judges.

MEMORANDUM

FRANK J. MURRAY, District Judge.

The single issue in these cases is whether the Massachusetts statutes, Gen.Laws ch. 223, §§ 42, 62-66 (see Appendix), allowing prejudgment real estate attachments in actions commenced in Massachusetts courts without prior notice to the owner of the real estate and without prior opportunity to the owner to be heard are violative of the due process clause of the Fourteenth Amendment of the United States...

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