GIBBS v. TITELMAN

Nos. 74-1062 to 74-1067.

502 F.2d 1107 (1974)

Harry H. and Thelma GIBBS, and Ella Lemar, on Their Own Behalf and on Behalf of All Others Similarly Situated, Appellants in No. 74-1067, Commonwealth of Pennsylvania ex rel. Israel Packel, Intervenor Plaintiff, v. William A. TITELMAN, Individually and as Director of the Bureau of Motor Vehicles of the Commonwealth of Pennsylvania. Appeal of GENERAL MOTORS ACCEPTANCE CORPORATION, in No. 74-1062. Appeal of CHRYSLER CREDIT CORPORATION, in No. 74-1063. Appeal of PROVIDENT NATIONAL BANK, in No. 74-1064. Appeal of GIRARD TRUST COMPANY, in No. 74-1065. Appeal of FORD MOTOR CREDIT COMPANY, Intervenor Defendant, in No. 74-1066.

United States Court of Appeals, Third Circuit.

Decided August 1, 1974.


Attorney(s) appearing for the Case

W. Bradley Ward, Ira P. Tiger, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellant in No. 74-1062.

Oliver C. Biddle, Leonard C. Homer, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for appellant in No. 74-1063.

Tyson W. Coughlin, Philadelphia, Pa., for appellant in No. 74-1064.

Gordon W. Gerber, John J. Brennan, Dechert, Price & Rhoads, Philadelphia, Pa., for appellant in No. 74-1065.

George J. Miller, Dechert, Price & Rhoads, Philadelphia, Pa., for appellant in No. 74-1066.

David A. Scholl, Chester, Pa., for appellants in No. 74-1067 and for appellees in Nos. 74-1062, 74-1063, 74-1064, 74-1065, 74-1066.

James R. Adams, Harrisburg, Pa., Lawrence Silver, Philadelphia, Pa., Israel Packel, Harrisburg, Pa., for William A. Titelman and Commonwealth of Pennsylvania.

Richard A. Hesse, Boston, Mass., for National Consumer Law Center, Inc., amicus curiae.

Joseph P. Gaffney, Jr., Harold J. Conner, Philadelphia, Pa., for Pennsylvania Consumer Finance Association, amicus curiae.

Floyd W. Tompkins, Edward C. Toole, Jr., Alexander D. Kerr, Jr., Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for Pennsylvania Credit Union League, amicus curiae.

Morton Newman, Neal Steinman, Ronald H. Surkin, Blank, Rome, Klaus & Comisky, Philadelphia, Pa., Eli S. Silberfeld, New York City, for National Commercial Finance Conference, Inc., amicus curiae.

Before VAN DUSEN, HUNTER and GARTH, Circuit Judges.


OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This is an appeal from the judgment of the United States District Court for the Eastern District of Pennsylvania declaring unconstitutional certain provisions of the Pennsylvania Motor Vehicle Sales Finance Act ("MVSFA")1 and the Pennsylvania Uniform Commercial Code ("UCC")2 insofar as they permit creditors...

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