Legal Opinion

William Gary v. Henry Darnell, T/d/b/a Hank Darnell Motors

Court of Appeals for the Sixth Circuit

Decided October 23, 1974No. 73-2222PublishedCited by 14 opinions

1Opinion of the Court

McCREE, Circuit Judge.

This appeal presents the question whether the repossession of an automobile pursuant to Kentucky’s self-help repossession statute, 1 § 9-503 of the Uniform Commercial Code, constitutes action under color of state law within the meaning of 42 U.S.C. § 1983. 2 We follow this court’s decision in Turner v. Impala Motors, 503 F.2d 607, decided September 20, 1974, and hold that the act of repossession pursuant to § 9-503 was not made under color of state law.

On July 25, 1972, appellant entered into a consumer credit transaction with appellee for the purchase of an automobile.…

2Cases cited7 opinions

  1. Burton v. Wilmington Parking AuthoritySupreme Court of the United States · 1961
  2. Moose Lodge No. 107 v. IrvisSupreme Court of the United States · 1972
  3. Reitman v. MulkeySupreme Court of the United States · 1967
  4. Adams v. Southern California First National BankCourt of Appeals for the Ninth Circuit · 1973
  5. Willie B. Turner v. Impala MotorsCourt of Appeals for the Sixth Circuit · 1974

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. United States v. Ronald James ColemanCourt of Appeals for the Sixth Circuit · 1980
  2. Richard W. Bosse v. Crowell Collier and MacMillanCourt of Appeals for the Ninth Circuit · 1977
  3. Brenda Joyce Northrip v. Federal National Mortgage AssociationCourt of Appeals for the Sixth Circuit · 1975
  4. Ford Motor Credit Co. v. RyanOhio Court of Appeals · 2010
  5. Penney v. First National Bank of BostonMassachusetts Supreme Judicial Court · 1982

9 more not listed; retrieve them via the Exa API.

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