Legal Opinion

Pas P. Torres, Jr. v. First State Bank of Sierra County, a New Mexico Banking Corporation

Court of Appeals for the First Circuit

Decided March 3, 1977No. 76-1188PublishedCited by 39 opinions

1Opinion of the Court

BREITENSTEIN, Circuit Judge.

Plaintiff-appellant Torres sued under 42 U.S.C. § 1983 to secure redress for deprivation of his constitutional rights by defendant-appellee First State Bank of Sierra County. The district court sustained defendant’s motion to dismiss for failure to state a claim. Plaintiff appeals. We reverse.

Torres was a franchised automobile dealer in New Mexico. Without any notice to Torres, and without the service of any process on him, Bank secured a temporary restraining order in state court. The order recites that Torres had disposed of property without the knowledge of Bank…

2Cases cited7 opinions

  1. Fuentes v. ShevinSupreme Court of the United States · 1972
  2. Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
  3. Lynch v. Household Finance Corp.Supreme Court of the United States · 1972
  4. Carter v. StantonSupreme Court of the United States · 1972
  5. Fed. Sec. L. Rep. P 95,847 Utah State University of Agriculture and Applied Science v. Bear, Stearns & Co.Court of Appeals for the Tenth Circuit · 1977

2 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Hall v. BellmonCourt of Appeals for the Tenth Circuit · 1991
  2. Hall v. BellmonCourt of Appeals for the Tenth Circuit · 1991
  3. Northington v. JacksonCourt of Appeals for the Tenth Circuit · 1992
  4. Miller v. GlanzCourt of Appeals for the Tenth Circuit · 1991
  5. Brokers' Choice of America, Inc. v. NBC Universal, Inc.Court of Appeals for the Tenth Circuit · 2017

34 more not listed; retrieve them via the Exa API.

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