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WATSON v. BRANCH COUNTY BANK

No. K-89-72 C.A.

380 F.Supp. 945 (1974)

Edward and Shirley Ann WATSON, as Individuals and on behalf of all others similarly situated, Plaintiffs, v. BRANCH COUNTY BANK, Individually and on behalf of all others similarly situated, and Security National Bank, Battle Creek, Michigan, Defendants.

United States District Court, W. D. Michigan, S. D.

August 12, 1974.

Attorney(s) appearing for the Case

William L. Coash, Legal Aid Society of Calhoun County, Battle Creek, Mich., for plaintiffs.

Richard F. Biringer, Coldwater, Mich., Grant J. Gruel, Grand Rapids, Mich., for Branch County Bank.

William R. Worth, Battle Creek, Mich., for Security National Bank.

MEMORANDUM OPINION AND ORDER

FOX, Chief Judge.

This is a challenge to the constitutionality of the self-help repossession and disposition provisions of the Uniform Commercial Code, Sections 9-503 and 9-504, enacted in Michigan, M.C.L.A. Secs. 440.9503 and 440.9504, M.S.A. Secs. 19.9503 and 19.9504 [hereafter cited as UCC 9-503 and 9-504]1 as applied to automobiles.

Each of the named plaintiffs is an owner of an automobile...

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