LOCATION: Terminal Railroad Association (where Lovasco allegedly stole the firearms from a mail facility)
DOCKET NO.: 75-1407
DECIDED BY: Burger Court (1975-1981)
CITATION: 431 US 434 (1977)
ARGUED: Jan 18, 1977
DECIDED: May 31, 1977
Fred L. Lieb - for appellees
John Dienner III -
John A. Dienner, III - for appellees Finley and Elrod in support of the appellants
Paul J. Bargiel - for appellants
Facts of the case
Media for Trainor v. HernandezAudio Transcription for Oral Argument - January 18, 1977 in Trainor v. Hernandez
Audio Transcription for Opinion Announcement - May 31, 1977 in Trainor v. Hernandez
Warren E. Burger:
The judgment and opinion of the Court in 75-1407, Trainor against Hernandez will be announced by Mr. Justice White.
Byron R. White:
This is case is here on appeal from a three-judge court in the Northern District of Illinois.
The case arose when an agency of the State sued to recover welfare payments that allegedly had been fraudulently received.
And in connection with that action, the property of the defendants was attached.
It was -- it was attached.
The defendants then sued in the Federal Court claiming the Attachment Act was unconstitutional and asking for an injunction.
The District Court, a three-judge court as I have said sustained that claim and also rejected the -- the State's view that the case should go back to the State Court and the federal claims be raised in the action pending there.
We reversed and for the reasons we have stated in the opinion filed for the Court, we hold that the District Court should have dismissed the action and remitted the federal plaintiffs to the State Court.
Mr. Justice Blackmun has filed a concurring opinion.
Mr. Justice Brennan has filed a dissenting opinion in which Mr. Justice Marshall has joined.
Mr. Justice Stewart has filed a dissenting statement and Mr. Justice Stevens had filed a dissenting opinion.
Warren E. Burger:
Thank you Mr. Justice White.