Legal Opinion
Bichel Optical Laboratories, Inc. v. The Marquette National Bank of Minneapolis
Court of Appeals for the Eighth Circuit
Decided December 6, 1973No. 73-1330PublishedCited by 57 opinions
1Opinion of the Court
STEPHENSON, Circuit Judge.
This appeal raises the question of whether seizure by defendant-appellee bank of plaintiff-appellant borrower’s funds and collateral in the form of accounts receivable without foreclosure or notice is an act under color of state law, thus giving rise to a claim under 42 U.S.C. § 1983. The trial court found that the alleged seizure by appellee bank did not constitute governmental action. See Bichel Optical Laboratories, Inc. v. Marquette National Bank, 336 F.Supp. 1368, 1372 (D.Minn.1971). We agree.
In 1967, appellee bank made several loans to appellant in exchange for…
2Cases cited6 opinions
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Adams v. Southern California First National BankCourt of Appeals for the Ninth Circuit · 1973
- Kirksey v. TheiligDistrict Court, D. Colorado · 1972
- Greene v. the First National Exchange Bank of VirginiaDistrict Court, W.D. Virginia · 1972
- Pease Ex Rel. Lambert v. Havelock National BankDistrict Court, D. Nebraska · 1972
1 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Kruger v. Wells Fargo BankCalifornia Supreme Court · 1974
- Joyce Shirley v. State National Bank of ConnecticutCourt of Appeals for the Second Circuit · 1974
- Brenda Joyce Northrip v. Federal National Mortgage AssociationCourt of Appeals for the Sixth Circuit · 1975
- Barbara Fletcher, Etc. v. Rhode Island Hospital Trust National BankCourt of Appeals for the First Circuit · 1974
- May Department Store v. Graphic Process Company, and Bel-Aire & Associates, Inc.Court of Appeals for the Ninth Circuit · 1980
52 more not listed; retrieve them via the Exa API.