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Flagg Bros., Inc. Vs. Brooks
Cites for this judgment
- US Supreme Court
- May 15, 1978
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U.S. 149 (1978) U.S. Supreme Court Flagg Bros., Inc. v. BrooksSearch
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U.S. 149 (1978) Flagg Bros., Inc. v. BrooksSearch
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in the proposed sale plainly distinguishes this litigation from decisions such as North Georgia Finishing, Inc. v. Di-ChemSearch
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and Sniadach v. FamilySearch
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between debtors and creditors (which is not traditionally a public function) remain available to the parties. Terry v. AdamsSearch
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and Marsh v. AlabamaSearch
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State's mere acquiescence in a private action does not convert such action into that of the State. Moose Lodge No. 107 v. IrvisSearch
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On July 7, 1975, the District Court, relying primarily on our decision in Jackson v. MetropolitanSearch
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for the Ninth Circuit had reached a contrary conclusion in dealing with an identical California statute in Melara v. KennedySearch
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by the Constitution or by federal law are protected from both governmental and private deprivation. See, e.g., Jones v. AlfredSearch
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from earlier decisions imposing procedural restrictions on creditors' remedies such as North Georgia Finishing, Inc. v. Di-ChemSearch
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Sniadach v. FamilySearch
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by a series of cases challenging the exclusion of blacks from participation in primary elections in Texas. Terry v. AdamsSearch
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A second line of cases under the public function doctrine originated with Marsh v. AlabamaSearch
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to distribute religious literature on its streets. The Court expanded this municipal function theory in Food Employees v. LoganSearch
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This Court ultimately adopted Mr. Justice Black's interpretation of the limited reach of Marsh in Hudgens v. NLRBSearch
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the constitutional condemnation in one State of a remedy found perfectly permissible in another. Compare Cox Bakeries v. TimmSearch
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Moving & Storage, 554 F.2d 356, 358-359 (CA8 1977), with Melara, 541 F.2d at 805-806, and n. 7. Cf. Bell v. MarylandSearch
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finding of state action here. Our holding today impairs in no way the precedential value of such cases as Norwood v. HarrisonSearch
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U. S. 455 (1973), or Gilmore v. CitySearch
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Emphasis added.) The clearest demonstration of this distinction appears in Moose Lodge No. 107 v. IrvisSearch
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infringing rights protected thereby. Virginia v. RivesSearch
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U. S. 349 , between public and private acts, but it has been previously rejected by this Court. In Evans v. AbneySearch
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Together with No. 77-37, Lefkowitz, Attorney General of New York v. BrooksSearch
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and No. 77-42, American Warehousemen's Assn. et al. v. BrooksSearch
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Liner v. JafcoSearch
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Respondents also contend that Evans v. NewtonSearch
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that body of law. This situation is clearly distinguishable from cases such as North Georgia Finishing, Inc. v. Di-ChemSearch
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had ordered the garnishee not to pay over money which previously had been the property of the debtor. See Virginia v. RivesSearch
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these liens to resort to self-help remedies does not permit their conduct to be ascribed to the State. Cf. Steele v. LouisvilleSearch
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Davis v. RichmondSearch
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U. S. 172 n. 8, this Court has never considered the private exercise of traditional police functions. In Griffin v. MarylandSearch
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not for the first time, an attitude of callous indifference to the realities of life for the poor. See, e.g., Beal v. DoeSearch
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Jackson v. MetropolitanSearch
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Blye v. Globe-WernickeSearch
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Numerous other courts, in New York and elsewhere, have reached a similar conclusion. See, e.g., Sharrock v. DellSearch
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Cox Bakeries, Inc. v. TimmSearch
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Hall v. GarsonSearch
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See Laprease v. RaymoursSearch
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U.S. Supreme Court Flagg Bros., Inc. v. BrooksSearch
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North Georgia Finishing, Inc. v. Di-ChemSearch
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Terry v. AdamsSearch
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Melara v. KennedySearch
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