# Cockerel v. Caldwell

> District Court, W.D. Kentucky · July 17, 1974 · 378 F. Supp. 491

URL: https://www.frixlaw.com/law-library/cases/9722288

## Case

- **Full name:** Ezra COCKEREL, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. Virgil CALDWELL, D/B/A Caldwell’s Garage, Et Al., Defendants
- **Court:** District Court, W.D. Kentucky
- **Decided:** July 17, 1974
- **Citations:** 378 F. Supp. 491
- **Precedential status:** Published
- **Opinion:** Concurrence by Bratcher
- **Judges:** Lively, Bratcher, Allen
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9722288

## Opinion text

BRATCHER, District Judge
(concurring in part).
I concur with the majority’s holding that KRS § 376.270 is not an infringement of constitutionally guaranteed rights. However, I respectfully disagree *499 with the legal reasoning followed by my brother judges in reaching their decision. The Supreme Court’s most recent pronouncement on creditor’s remedies, Mitchell v. W. T. Grant Company, No. 72-6160, 416 U.S. 600 , 94 S.Ct. 1895 , 40 L.Ed.2d 406 (May 13, 1974) is, in my opinion, a more correct application of constitutional reasoning of this question than those expressed in its earlier decisions. See Fuentes v. Shevin, 407 U.S. 67 , 92 S.Ct. 1983 , 32 L.Ed.2d 556 (1972) and Sniadaeh v. Family Finance Corp., 395 U.S. 337 , 89 S.Ct. 1820 , 23 L.Ed.2d 349 (1969). In addressing myself to this issue, it is not my intention to engage in an extensive discussion of the constitutional ramifications of the complained-of statute, but only to reaffirm my earlier impressions of this issue as expressed in more detail in my dissenting opinion of April 11, 1974. For the reasons therein stated, the instant action should be dismissed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9722288. Public record. Not legal advice.