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YATES v. SEARS, ROEBUCK AND COMPANY

Civ. A. No. 3923-N.

362 F.Supp. 520 (1973)

Ocie YATES, Individually and on behalf of all others the same or similarly situated, Plaintiff, v. SEARS, ROEBUCK AND COMPANY, a Corporation, et al., Defendants.

United States District Court, M. D. Alabama, N. D.

As Amended August 8, 1973.

Attorney(s) appearing for the Case

Cleveland Thornton, Gray, Seay & Langford, Tuskegee, Ala., for plaintiff.

Leslie Hall, Asst. Atty. Gen., Montgomery, Ala., for the State.

Charles E. Porter, Rushton, Stakely, Johnston & Garrett, Montgomery, Ala., for Sears, Roebuck and Co.

ORDER

VARNER, District Judge.

This cause is submitted for final decree on the pleadings and stipulation of all parties.

Plaintiff brought a § 1983 class action alleging denial of due process on the theory that Title 7, § 918 is facially unconstitutional. Title 7, § 918 of the Code of Alabama is as follows:

"When a suit is brought for the recovery of personal chattels in specie, if the plaintiff, his agent, or attorney, make...

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