Richard and Mary Guzman v. Western State Bank of Devils Lake, North Dakota, a North Dakota Corporation

MATTHES, Senior Circuit Judge.

The appeal in this action for declaratory and monetary relief presents for our review the question whether North Dakota’s prejudgment attachment statute, North Dakota Century Code [N.D.C.C.] Chapter 32-08, is unconstitutional on its face or as applied in the attachment proceeding giving rise to this federal action. Plaintiff-appellants contend that the ex parte attachment and seizure by defendants of a mobile home in which plaintiffs had property rights and in which they resided and the seizure of plaintiffs’ automobile denied plaintiffs due process of law as…