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Constitutional Law Keyed to Choper
Lugar v. Edmondson Oil Co., Inc.
Citation:
457 U.S. 922 (1982)Facts
Edmondson Oil Company sued Lugar in Virginia state court to recover a debt allegedly owed by Lugar. Simultaneously, Edmondson sought prejudgment attachment of Lugar’s property under Virginia’s statutory procedure, which allowed attachment based on the creditor’s ex parte petition that the debtor might dispose of property to defeat creditors. A clerk issued a writ of attachment, which the county sheriff executed by attaching Lugar’s property. After a hearing, the state court dismissed the attachment for Edmondson’s failure to establish statutory grounds for attachment. Lugar then brought a § 1983 action against Edmondson, claiming that Edmondson had acted jointly with the state to deprive him of his property without due process of law.
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