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M P I, INC. v. McCULLOUGH

No. EC 78-226-K-P.

463 F.Supp. 887 (1978)

M P I, INC., Plaintiff, v. Derwood McCULLOUGH, Carl L. Craig and John L. Dupré, Defendants.

United States District Court, N. D. Mississippi, E. D.

December 14, 1978.

Attorney(s) appearing for the Case

Michael S. Allred, Jackson, Miss., for plaintiff.

Armis Hawkins, Houston, Miss., Lester Sumners, New Albany, Miss., for defendants.

MEMORANDUM OF DECISION

KEADY, Chief Judge.

In this case we are presented with the propriety of enjoining an attachment of realty under Mississippi chancery statutory procedure, Miss.Code Ann. § 11-31-1, et seq., invoked in a pending state chancery court action, upon the ground that the attachment procedure contravenes the Due Process Clause of the fourteenth amendment to the United States Constitution. We hold that the attachment procedure is unconstitutional...

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