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GROSS v. FOX

No. 73-1030.

496 F.2d 1153 (1974)

Susan GROSS, Devon-Strafford Apartments, Inter. Plff. on behalf of herself and all others similarly situated v. J. Wilson FOX, Deputy Constable, et al., Appellants.

United States Court of Appeals, Third Circuit.

Decided April 12, 1974.

Attorney(s) appearing for the Case

Milton S. Lazaroff, Philadelphia, Pa., for appellants.

Sharon K. Wallis, Stephen A. Sheller, Philadelphia, Pa., for appellee.

Before HASTIE, ALDISERT and WEIS, Circuit Judges.

OPINION OF THE COURT

HASTIE, Circuit Judge.

In September of 1970 Susan Gross, the plaintiff-appellee, became a tenant of defendant Devon-Strafford Company, owner of an apartment building. In November of the same year Devon-Strafford caused the defendant J. Wilson Fox, a deputy constable, to execute a distraint upon Gross' possessions, pursuant to the Pennsylvania Landlord and Tenant Act of 1951, 68 P.S. § 250.302. Fox entered the leased premises, removed...

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