This section contains the nature of the case and procedural background.

Brooks (P) was evicted, and workmen from Flagg Brothers (D) moved and stored her goods. It was arranged by the City Marshall. A dispute over bill payment resulted in a threat by D to sell P’s goods, pursuant to procedures established by the UCC 7-210. P brought a class action suit for damages, an injunction against a sale, and a declaration that the sale would violate the Due Process and Equal Protection clauses. Another plaintiff who had her property sold by D joined the suit. The District Court found that the warehouseman's conduct was not that of the State, and dismissed this suit for want of jurisdiction. The court of appeals reversed, finding that New York State was sufficiently involved to invoke constitutional protections. The statute permitted D to execute a lien, performing a function traditionally associated with sovereignty (in this case, the sheriff function). The Supreme Court granted certiorari.

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