5. The Court has held repeatedly that constructive notice does not satisfy Mullanes due process mandate if

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5. The Court has held repeatedly that constructive notice does not satisfy Mullane’s due process mandate if defendant’s name and address are known or available from public records.

For example, the Court has held that notice by publication in a local newspaper does not meet due process requirements in state condemnation proceedings. See Walker v. City of Hutchinson, 352 U.S. 112, 77 S.Ct. 200, 1 L.Ed.2d 178 (1956). In this setting, the Court also has rejected publication coupled with signs posted on trees, see Schroeder v. City of New York, 371 U.S. 208, 83 S.Ct. 279, 9 L.Ed.2d 255 (1962).

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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