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TURNER v. BLACKBURN

No. C-C-73-68.

389 F.Supp. 1250 (1975)

Stella A. TURNER, Plaintiff, v. Robert M. BLACKBURN, Clerk of Superior Court for Mecklenburg County, et al., Defendants.

United States District Court, W. D. North Carolina, Charlotte Division.

Decided February 12, 1975.

Attorney(s) appearing for the Case

Donald S. Gillespie, Jr., Charlotte, N.C., for plaintiff.

Robert Morgan, Atty. Gen. of N.C., and George W. Boylan, Associate Atty. Gen., Raleigh, N.C. for defendant Blackburn.

Charles D. Gray, III, Gastonia, N.C. for defendants Gray and Dixie Acceptance Corp.

Frank L. Schrimsher, Charlotte, N.C. for defendant Watts.

Before CRAVEN, Circuit Judge, JONES, Chief District Judge, and McMILLAN, District Judge.

CRAVEN, Circuit Judge.

This three-judge court was convened to consider an attack on North Carolina's procedure for real property mortgage foreclosure, sale, and eviction, as depriving the plaintiff/mortgagor of her property without due process of law under the fourteenth amendment.

Plaintiff, a widowed domestic worker, and her mother owned a residence house and lot located in Charlotte, North Carolina, encumbering it at the time of purchase

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