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OWENS v. I. F. P. CORPORATION

Civ. A. Nos. 7912-A, 7913-A.

374 F.Supp. 1032 (1974)

Irma OWENS, Individually and on behalf of all others similarly situated, Plaintiffs, v. I. F. P. CORPORATION d/b/a Olshine's Credit Clothing Co., et al., Defendants. Lorine BANKS, Individually and on behalf of all others similarly situated, Plaintiffs, v. I. F. P. CORP. d/b/a Olshine's Credit Clothing Co., et al., Defendants.

United States District Court, W. D. Kentucky, Louisville Division.

April 22, 1974.

Attorney(s) appearing for the Case

Charles D. Kaplan, Henry B. Hinton, Jr., Kurt Berggren, Legal Aid Society, Louisville, Ky., for plaintiffs.

Max A. Stoler, Anton B. Dreidel, Boyce F. Martin, Jr., Louisville, Ky., H. M. McTyeire, Asst. Deputy Atty. Gen., Frankfort, Ky., for defendants.

Before LIVELY, Circuit Judge, BRATCHER and ALLEN, District Judges.

LIVELY, Circuit Judge.

This three-judge court has been convened to consider plaintiffs' contention that Rules 3, 4.02 and 4.04 of the Rules of Civil Procedure of the Commonwealth of Kentucky and the civil summons used in the courts of the State violate the Fourteenth Amendment to the Constitution of the United States. They claim that the official Kentucky summons,1 a copy of which is filed as an appendix hereto, violates due process requirements...

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