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POLLICE v. NATIONAL TAX FUNDING, L.P.

Nos. 99-3856 to 99-3859, 99-3998 and 99-4049.

225 F.3d 379 (2000)

Tito POLLICE; Violet Pollice, individually and on behalf of all others similarly situated; Linda Mansfield, Appellants in No. 99-3856, v. NATIONAL TAX FUNDING, L.P.; Capital Asset Research Corporation, Ltd. Tito Pollice; Violet Pollice, individually and on behalf of all others similarly situated; Linda Mansfield, v. National Tax Funding, L.P.; Capital Asset Research Corporation, Ltd., Appellants in No. 99-3857. Tito Pollice; Violet Pollice, individually and on behalf of all others similarly situated; Linda Mansfield, Appellants in No. 99-4049, v. National Tax Funding, L.P.; Capital Asset Research Corporation, Ltd. Gladys Houck; Marie Demitras; Bragette Parker; Mary Walsh, on their own behalf and on behalf of all others similarly situated; Mary Tabb, Appellants in No. 99-3858, v. Capital Asset Research Corp., Ltd.; National Tax Funding, L.P.; Capital Asset Holdings GP Inc. Gladys Houck; Marie Demitras; Bragette Parker; Mary Walsh, on their own behalf and on behalf of all others similarly situated; Mary Tabb, v. Capital Asset Research Corp., Ltd.; National Tax Funding, L.P.; Capital Asset Holdings GP Inc., Appellants in No. 99-3859, Gladys Houck; Marie Demitras; Bragette Parker; Mary Walsh, on their own behalf and on behalf of all others similarly situated; Mary Tabb, Appellants in No. 99-3898, v. Capital Asset Research Corp., Ltd.; National Tax Funding, L.P.; Capital Asset Holdings GP Inc.

United States Court of Appeals, Third Circuit.

Filed August 29, 2000.

Attorney(s) appearing for the Case

Michael P. Malakoff, Rudy A. Fabian (argued), Malakoff Doyle & Finberg, P.C., Pittsburgh, PA; Bernard S. Rubb, Sewickley, PA, Attorneys for Appellants and Cross-Appellees Tito Pollice, Violet Pollice and Linda Mansfield, individually and on behalf of all others similarly situated.

Donald Driscoll (argued), Laurence Norton, Community Justice Project, Pittsburgh, PA, Attorneys for Appellants and Cross-Appellees Gladys Houck, Marie Demitras, Bragette Parker, Mary Walsh and Mary Tabb, on their own behalf and on behalf of all others similarly situated.

Robert L. Byer (argued), Terry Budd, David M. Aceto, Joseph R. Gette, Kirkpatrick & Lockhart, LLP, Pittsburgh, PA, Attorneys for Appellees and Cross-Appellants Capital Asset Research Corp., Ltd., National Tax Funding, L.P. and Capital Asset Holdings GP Inc.

BEFORE: BARRY and GREENBERG, Circuit Judges, and OBERDORFER, District Judge.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

These appeals present certified questions arising from two actions, Pollice v. National Tax Funding, L.P. et al. and Houck v. Capital Asset Research Corp., Ltd. et al., which have been consolidated before the district court for pretrial purposes. The subject matter of both actions concerns the assignment of delinquent municipal tax and utility claims to defendant National Tax Funding, L.P. ("NTF...

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