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North Georgia Finishing, Inc. v. Di-Chem, Inc.

419 U.S. 601, 95 S.Ct. 719, 42 L.Ed.2d 751 (1975)

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North Georgia Finishing, Inc. v. Di-Chem, Inc.

United States Supreme Court

419 U.S. 601, 95 S.Ct. 719, 42 L.Ed.2d 751 (1975)

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Facts

The plaintiff sold various goods to the defendant, but the defendant did not pay the full balance and the plaintiff filed suit to recover. A Georgia law called for a writ of garnishment if the plaintiff or his attorney claimed that they had reason to believe that the defendant would somehow get rid of the goods during trial if no garnishment was issued. The plaintiff’s president signed such an affidavit. A court clerk then ordered a writ of garnishment, freezing the defendant’s bank account without a hearing or notice. The defendant appealed based on the United States Supreme Court’s decision in Fuentes v. Shevin, 407 U.S. 67 (1972), which called for a hearing prior to garnishment.

Rule of Law

Issue

Holding and Reasoning (White, J.)

Concurrence (Stewart, J.)

Concurrence (Powell, J.)

Dissent (Blackmun, J.)

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