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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hussion v. Madigan, 950 F.2d 1546 (1992)

Citation
Hussion v. Madigan, 950 F.2d 1546 (1992)
Parent Document
Hussion v. Madigan, 950 F.2d 1546 (1992)
Effective Date
1992-01-24

Other Sections in This Document (46)

Full Text

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In suggesting that the opportunity to defend an eviction action in state court does not constitute an "appeal" of the eviction decision, appellees advance an unavailing semantic distinction. They note that a state court judge decides only the issue of possession, and therefore technically lacks authority to "reverse" the decision to evict. Common sense alone defeats this argument. It is elementary that the state court has authority to prevent the eviction, and hence provides a meaningful forum in which the eviction decision may be reviewed