Legal Opinion
Union Barge Line Corp. v. Marble Cliff Quarries Co.
District Court, S.D. West Virginia
Decided April 24, 1974No. Civ. A. 73-17-CH, 73-108-CH, 73-69-CH and 73-132-CHPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM ORDER
K. K. HALL, District Judge.
The primary question presented in this case is whether the pre judgment garnishment statute in West Virginia as applied in this federal court proceeding pursuant to Rule 64, Federal Rules of Civil Procedure, violates the due process clause of the fifth amendment to the Constitution of the United States. On April 28, 1972, plaintiff 1 sued defendant in admiralty to recover for damages occasioned their property when defend ant’s barges broke loose from their moorings. When it came to plaintiff’s attention that defendant had caused an auction sale of…
2Cases cited30 opinions
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Moose Lodge No. 107 v. IrvisSupreme Court of the United States · 1972
- Ownbey v. MorganSupreme Court of the United States · 1921
- Olympic Forest Products, Inc. v. Chaussee Corp.Washington Supreme Court · 1973
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3Cited by2 opinions
- Ashland Oil, Inc. v. KaufmanWest Virginia Supreme Court · 1989
- Persinger v. Edwin Associates, Inc.West Virginia Supreme Court · 1976