LURIA BROS. & CO., INC. v. Allen

MEMORANDUM OPINION AND ORDER

TEITELBAUM, District Judge.

This is an action under 42 U.S.C. § 1983 brought by Luria Brothers & Company, Inc. (“Luria”) against Thomas R. Allen, Jr. and Morton J. Greene trading as Economy Industrial Properties (“Economy”), a partnership, in which Luria claims that Economy violated the Fourteenth Amendment of the Constitution of the United States by depriving Luria of possession of certain steel plate without due process of law. In a separate count contained in the amended complaint Luria also brings an action in the nature of a replevin action against Economy.

Durin…