Shaffer v. Holbrook

FIELD, Circuit Judge:

The plaintiffs instituted this class action seeking a declaratory judgment that the summary distress procedure prescribed by Chapter 37, Article 6, Section 12 of the West Virginia Code violates the Due Process Clause of the Fourteenth Amendment to the Constitution of the United States. 1 Plaintiffs further ask that the defendants, Holbrook and Ferrell, be permanently enjoined from selling distrained personal property until proper notice and a hearing are granted. Additionally, plaintiffs assert that Chapter 38, Article 6, Section 7 of the West Virginia Code requiring the…