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HUTCHISON v. BANK OF NORTH CAROLINA

No. C-74-58-G.

392 F.Supp. 888 (1975)

Mary Sue HUTCHISON, Plaintiff, v. BANK OF NORTH CAROLINA, N.A., et al., Defendants.

United States District Court, M. D. North Carolina, Greensboro Division.

Decided April 17, 1975.

Attorney(s) appearing for the Case

Norman B. Smith, Greensboro, N. C., for plaintiff.

Roy M. Booth and Frederick C. E. Murray, Greensboro, N. C., for defendant Bank of N. C.

Perry C. Henson, Greensboro, N. C., and Donald A. Davis, Asst. Atty. Gen., Raleigh, N. C., for defendant Joseph P. Shore, Clerk of Superior Court of Guilford County.

William Daisy, Greensboro, N. C., for defendant Paul H. Gibson, Sheriff of Guilford County.

Before CRAVEN, Circuit Judge, GORDON, Chief District Judge, and WARD, District Judge.

GORDON, Chief Judge.

This case presents the question of whether the provisions of Section 1-440.1 et seq. of the North Carolina General Statutes, insofar as they permit the prejudgment attachment of real estate without prior notice and hearing, violate the Due Process Clause of the Fourteenth Amendment to the United States Constitution. Plaintiff has brought this action under 42 U.S.C. § 1983 seeking damages and injunctive...

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