Legal Opinion
Nichols v. Tower Grove Bank
Court of Appeals for the Eighth Circuit
Decided May 13, 1974No. 73-1621PublishedCited by 18 opinions
1Per curiam
The issue on appeal is whether the self-help repossession and sale of appellant’s automobile, after appellant defaulted on payments under a contract which provided for repossession and sale, were acts under color of state law giving rise to an action under 42 U.S.C. § 1983.
The District Court held that the actions of the creditor in repossessing and selling were of a private nature and did not amount to state action. It dismissed the appellant’s action for lack of subject matter jurisdiction.
The facts, as summarized in the District Court’s opinion, follow:
* * * In September, 1971, plaintiff…
2Cases cited5 opinions
- Adams v. Southern California First National BankCourt of Appeals for the Ninth Circuit · 1973
- Joyce Shirley v. State National Bank of ConnecticutCourt of Appeals for the Second Circuit · 1974
- Bichel Optical Laboratories, Inc. v. The Marquette National Bank of MinneapolisCourt of Appeals for the Eighth Circuit · 1973
- Nichols v. Tower Grove BankDistrict Court, E.D. Missouri · 1973
- Mickey Nowlin and Arlene Nowlin v. Professional Auto Sales, Inc., and Dennis Henson, d/b/am.w.s.recovery Service, Intervenor. Leroy Mayhugh v. Bill Allen Chevrolet Co. And General Motors Acceptance Corp.Court of Appeals for the Eighth Circuit · 1974
3Cited by18 opinions
- Barbara Monsky, for Herself and on Behalf of All Women Similarly Situated v. Honorable Howard J. MoraghanCourt of Appeals for the Second Circuit · 1997
- Gibbs v. TitelmanCourt of Appeals for the Third Circuit · 1974
- King v. South Jersey National BankSupreme Court of New Jersey · 1974
- Beaton v. Land CourtMassachusetts Supreme Judicial Court · 1975
- Federal National Mortgage Ass'n v. HowlettSupreme Court of Missouri · 1975
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