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MASON v. GARRIS

Civ. A. Nos. 17941, 18003.

360 F.Supp. 420 (1973)

Susan MASON, Individually and on behalf of all others similarly situated v. M. D. GARRIS, Individually and d/b/a Ansley Mall Exxon Service Station, and Elgin Mitchell, Individually and in his Capacity as Marshal of State Court of Cobb County, Georgia, on behalf of himself and all others similarly situated. Lamar ALLEN and Virginia Davidson, Individually and on behalf of all others similarly situated v. Luther ROSSER, Individually and d/b/a Vine City Garage, and H. R. Cawthon, Individually and in his capacity as Marshal of Civil Court of Fulton County, Georgia, on behalf of himself and all others similarly situated.

United States District Court, N. D. Georgia, Atlanta Division.

June 21, 1973.

Attorney(s) appearing for the Case

Robert E. Stagg, Robert N. Dokson, David A. Webster and Steve Gottlieb, Atlanta, Ga., for plaintiffs.

Edwards, Awtrey & Parker, Marietta, Ga., for Mitchell.

Archer, Patrick & Sidener, East Point, Ga., for Cawthon.

Arthur K. Bolton, Atty. Gen. of Ga., Timothy J. Sweeney, D. Daniel Kleckley, Asst. Attys. Gen., Atlanta, for State of Ga., as amicus curiae.

Defendants Garris, Exxon, Rosser and Vine City Garage not represented by counsel.

Before MORGAN, Circuit Judge, and EDENFIELD and FREEMAN, District Judges.

EDENFIELD, District Judge:

Plaintiffs in these two class actions challenge the constitutionality of the Georgia statutes which provide for the foreclosure of mechanics' liens. Since the same legal principles are involved in both cases, they have been consolidated in this order.

The facts as alleged by plaintiff in Civil Action No. 17941 are as follows. In January, 1973, plaintiff Mason loaned her automobile to a friend. The automobile began to malfunction...

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