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NEW v. GEMINI CAPITAL GROUP

No. 4:10-cv-00560-HDV-CFB.

859 F.Supp.2d 990 (2012)

Phillip NEW, Plaintiff, v. GEMINI CAPITAL GROUP, and Neimen, Stone & McCormick, P.C., Defendants.

United States District Court, S.D. Iowa, Central Division.

May 2, 2012.

Attorney(s) appearing for the Case

Raymond H. Johnson, Johnson Law Firm, West Des Moines, IA, for Plaintiff.

Kevin J. Driscoll, Jeffrey A. Craig, Robert L. Johnson, Finley Alt Smith Scharnberg Craig Hilmes & Gaffney PC, Des Moines, IA, for Defendants.

RULING DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

HAROLD D. VIETOR, Senior District Judge.

Plaintiff Phillip New sues defendants Gemini Capital Group (Gemini) and Neimen, Stone & McCormick, P.C. (NSM) under 42 U.S.C. § 1983 for a taking of his property without due process of law. He claims that defendants violated the Due Process Clause of the Fourteenth Amendment to the United States Constitution by garnishing his bank account without providing...

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