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PINSKY v. DUNCAN

No. 201, Docket No. 89-7521.

898 F.2d 852 (1990)

Roland PINSKY, Jennie Pinsky, Eileen Fedowitz and Brian K. Doehr, Plaintiffs-Appellants, v. Richard K. DUNCAN, Joseph Golden Insurance Agency, Inc. and John F. Di Giovanni, Defendants, Richard K. Duncan and John F. Di Giovanni, Defendants-Appellees, State of Connecticut, Intervenor.

United States Court of Appeals, Second Circuit.

Decided March 9, 1990.

Rehearing Granted in Part, Denied in Part and Opinion Amended, April 25, 1990.

Attorney(s) appearing for the Case

Joanne S. Faulkner, New Haven, Conn., for plaintiff-appellant Brian K. Doehr.

Andrew M. Calamari, Bronx, N.Y. (Calamari & Calamari, of counsel), for defendant-appellee John F. Di Giovanni.

Henry S. Cohn, Hartford, Conn., Asst. Atty. Gen. of the State of Conn. (Clarine Nardi Riddle, Atty. Gen. of the State of Conn., of counsel), for intervenor.

Before NEWMAN, PRATT, and MAHONEY, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

In this appeal we consider the constitutionality of a statute that authorizes prejudgment attachment of real estate without prior notice and opportunity for a hearing, and without requiring the person obtaining the attachment to post a bond. Conn.Gen. Stat. § 52-278e(a)(1). Brian K. Doehr, a Connecticut landowner whose property was attached under this statute, appeals from a summary judgment...

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