Legal Opinion
Boland v. Essex County Bank and Trust Company
District Court, D. Massachusetts
Decided August 15, 1973No. Civ. A. 72-3299-G, 72-3513-G, 73-32-G and 73-784-GPublishedCited by 21 opinions
1Opinion of the Court
MEMORANDUM OF DECISION DENYING MOTIONS TO DISMISS
GARRITY, District Judge.
Plaintiffs in these cases bought automobiles from defendant car dealers pursuant to retail instalment sale contracts which were then assigned to defendant sales finance companies. Plaintiffs defaulted on the contracts and the finance companies repossessed the automobiles under § 9-503 of the Uniform Commercial Code without notice to plaintiffs and without judicial process. Plaintiffs have sued under 42 U.S.C. § 1983 for declaratory, injunctive and compensatory relief, claiming that self-help repossession under § 9-503…
2Cases cited14 opinions
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Bell v. HoodSupreme Court of the United States · 1946
- Fuentes v. ShevinSupreme Court of the United States · 1972
- United States v. PriceSupreme Court of the United States · 1966
- Reitman v. MulkeySupreme Court of the United States · 1967
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Joyce Shirley v. State National Bank of ConnecticutCourt of Appeals for the Second Circuit · 1974
- Barbara Fletcher, Etc. v. Rhode Island Hospital Trust National BankCourt of Appeals for the First Circuit · 1974
- King v. South Jersey National BankSupreme Court of New Jersey · 1974
- Beaton v. Land CourtMassachusetts Supreme Judicial Court · 1975
- Gibbs v. TitelmanDistrict Court, E.D. Pennsylvania · 1973
16 more not listed; retrieve them via the Exa API.