Legal Opinion

Akey v. Clinton County

Court of Appeals for the Second Circuit

Decided July 9, 2004No. Docket No. 03-7329PublishedCited by 27 opinions

1Opinion of the Court

Chief Judge JOHN M. WALKER, JR. dissents in a separate opinion.

OAKES, Senior Circuit Judge.

Appellants, property owners in Clinton County, New York, who had their properties foreclosed upon for failure to pay de*233linquent taxes, filed Proofs of Claim as potential class members in a class action against the County for violation of due process in failing to provide proper notice of the foreclosures. The United States District Court for the Northern District of New York, David R. Homer, Mag. J., found that none of the appellants could defeat a presumption of receipt of a foreclosure notice and…

2Cases cited12 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
  3. Josephine Weigner v. The City of New YorkCourt of Appeals for the Second Circuit · 1988
  4. Meckel v. Continental Resources Co.Court of Appeals for the Second Circuit · 1985
  5. Tracy v. County of Chester, Tax Claim BureauSupreme Court of Pennsylvania · 1985

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

3Cited by27 opinions

  1. Jones v. FlowersSupreme Court of the United States · 2006
  2. Miner v. Clinton County, NYCourt of Appeals for the Second Circuit · 2008
  3. Oneida Indian Nation v. Madison CountyCourt of Appeals for the Second Circuit · 2011
  4. Ma v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Second Circuit · 2010
  5. Edson Silva-Carvalho Lopes v. Alberto Gonzales, Attorney GeneralCourt of Appeals for the Second Circuit · 2006

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

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