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Flagg Bros., Inc. v. Brooks
''Flagg Bros., Inc. v. Brooks'', 436 U.S. 149 (1978) was a case decided by the Supreme Court of the United States wherein the constitutionality of New York's Uniform Commercial Code provision, which allows a warehouse to enforce a lien upon repossessed goods by selling said goods, was challenged under the Fourteenth Amendment. The Court held that the state-allowed re-sale provision did not constitute state action, and thus, the plaintiff did not possess a colorable federal due process claim.
== Background ==
After the city evicted plaintiff/appellee Shirley Brooks from her home in Mount Vernon, N.Y. in 1973, her possessions were stored in a warehouse owned by American defendant/appellant corporation Flagg Bros., Inc. After several disputes between the parties regarding the price that Brooks was to pay for the moving and storage of her belongings, Flagg Bros. presented Brooks with notice that she needed to pay the amount owed within 10 days "or (furniture would ) be sold."〔436 U.S. at 153〕
When letters from Brooks to the defendant did not produce any results, Brooks brought suit under 42 U.S.C. § 1983, seeking monetary damages, an injunction against the proposed sale, and a declaration by the judiciary that such a sale under New York Uniform Commercial Code § 7-210 would violate due process.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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