Legal Opinion
Kirksey v. Theilig
District Court, D. Colorado
Decided November 30, 1972No. C-4203, C-4230PublishedCited by 41 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
ARRAJ, Chief Judge.
These two cases have not been consolidated, but because they present identical questions, we will deal with both cases in this one opinion. The questions are (1) whether defendants’ self-help repossessions of plaintiffs’ automobiles, pursuant to their respective agreements and as authorized by Colorado’s Uniform Commercial Code, C.R.S. § 155-9-503 (1963), were actions “under color of” state law within the meaning of 42 U.S. C. § 1983 (1964), and its jurisdictional counterpart, 28 U.S.C. § 1343(3) (1958); and, (2) if so, did the repossessions,…
2Cases cited46 opinions
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Bell v. HoodSupreme Court of the United States · 1946
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Shelley v. KraemerSupreme Court of the United States · 1948
- Burton v. Wilmington Parking AuthoritySupreme Court of the United States · 1961
41 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Kruger v. Wells Fargo BankCalifornia Supreme Court · 1974
- 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
- Barbara Fletcher, Etc. v. Rhode Island Hospital Trust National BankCourt of Appeals for the First Circuit · 1974
- King v. South Jersey National BankSupreme Court of New Jersey · 1974
36 more not listed; retrieve them via the Exa API.