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MAXWELL v. HIXSON

Civ. A. No. 6762.

383 F.Supp. 320 (1974)

Lucille MAXWELL and Lillie Wright v. Lucille HIXSON, Clerk, Hamilton County General Sessions Court, et al.

United States District Court, E. D. Tennessee, S. D.

October 24, 1974.

Attorney(s) appearing for the Case

Howell N. Peoples, Legal Aid Society of Chattanooga, Chattanooga, Tenn., for plaintiffs.

Bart Durham, Richard S. McNeese, Asst. Attys. Gen., Nashville, Tenn., for David Pack.

Berke, Berke & Berke, Chattanooga, Tenn., for Lucille Hixson.

Walter L. Lusk, Chattanooga, Tenn., for H. Q. Evatt.

Before PHILLIPS, Chief Circuit Judge, WILSON, Chief District Judge, and NEESE, District Judge.

WILSON, Chief District Judge.

This is an action seeking to have the Tennessee Judicial Attachment and Garnishment Statutes, TCA § 23-6071 and § 23-701,2 declared unconstitutional as being contrary to the due process requirement of the Fourteenth Amendment. Since the statutes are of statewide application, a three-judge court was convened pursuant to 28 U.S.C. § 2281 et seq.

The plaintiffs...

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