Pas P. Torres, Jr. v. First State Bank of Sierra County, a New Mexico Banking Corporation
Court of Appeals for the First Circuit
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
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Lynch v. Household Finance Corp.Supreme Court of the United States · 1972
- Carter v. StantonSupreme Court of the United States · 1972
- 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
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