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Lugar v. Edmondson Oil Co.

United States Supreme Court

457 U.S. 922 (1982)

Relevant factsFree

After Lugar (defendant), a truck stop operator, became indebted to supplier Edmondson Oil Co. (plaintiff), Edmondson sued in Virginia state court and obtained a prejudgment attachment of Lugar's property by alleging a reasonable belief Lugar was disposing of assets to evade creditors; the sheriff executed the attachment, but a later hearing found it improper because Edmondson had failed to establish the required statutory basis. Lugar sued under section 1983, alleging Edmondson acted jointly with the state to deprive him of property without due process; the district court found no state action, the court of appeals affirmed, and the Supreme Court granted certiorari.

IssueFree

Whether a state may constitutionally grant an attachment of a debtor's property to a private individual despite the debtor's Fourteenth Amendment property rights.

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