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NEELEY v. CENTURY FINANCE CO. OF ARIZONA

No. CIV 84-003 TUC ACM.

606 F.Supp. 1453 (1985)

Anita L. NEELEY, Marcus S. Martin and Carmen Orozco, individually and on behalf of all others similarly situated, Plaintiffs, v. CENTURY FINANCE COMPANY OF ARIZONA; Bonnie Brae's Nursing Home, Inc.; Doctor's Business Bureau, Arizona Corporations; First Interstate Bank, a federal banking association; Alan E. Maguire, Deputy Treasurer, State of Arizona, in his official capacity; Lydia Marie Hicks; Pete Rubi, Thomas Rallis, and Emojean Girard, Justices of the Peace; Pima County Justice Court, in their official capacities, on behalf of all other public officials similarly situated, Defendants.

United States District Court, D. Arizona, Tucson Division.

April 19, 1985.

Attorney(s) appearing for the Case

Charles Pyle, William E. Morris, Southern Arizona Legal Aid, Tucson, Ariz., for plaintiffs.

Stanley M. Hammerman, Phoenix, Ariz., for Century Finance.

Michael D. Alfred, Pima County Attorney's Office, Civ. Div., Tucson, Ariz., for Pima County Justice Court, defendants.

Earl E. Weeks, Streich, Lang, Weeks & Cardon, Phoenix, Ariz., for defendant First Interstate Bank.

Charles Sullivan, Tucson, Ariz., for defendant Bonnie Brae Nursing Home.

Michael M. Neal, Tucson, Ariz., for defendant Doctor's Business Bureau.

Anthony B. Ching, Arizona Atty. General's Office, Phoenix, Ariz., for defendant Alan E. Maguire.

MARQUEZ, District Judge.

This class action involves a challenge to the Arizona post-judgment garnishment procedures, A.R.S. § 12-1571 et seq., as being violative of Article 6, clause 2 (the Supremacy clause) and the 14th amendment (due process clause) to the United States Constitution.

This matter is before the court on cross motions for summary judgment.

I

BACKGROUND

Plaintiff Anita Neeley financed the purchase of an...

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