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LEVINE v. STEIN

No. 76-2315.

560 F.2d 1175 (1977)

Robert LEVINE and Charlotte Levine, Appellants, v. Robert M. STEIN, Joanne Stein, Edward S. Stein, Arthur Stein, Barbara S. Feldman, Iula V. Lichtenberg, Trustee, Joseph Gould, Substitute Trustee, and Lewis K. Kesser, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 30, 1977.

Attorney(s) appearing for the Case

Howard I. Legum, Norfolk, Va. (Fine, Fine, Legum & Fine, Norfolk, Va., on brief), for appellants.

T. H. Willcox, Jr., Norfolk, Va. (James C. Howell, Willcox, Savage, Lawrence, Dickson & Spindle, Norfolk, Va., on brief), for appellee.

Before WINTER, RUSSELL and WIDENER, Circuit Judges.

PER CURIAM:

In the district court, plaintiffs sought to have three foreclosure sales declared illegal on the ground that the state statutes under which they were conducted were repugnant to the fourteenth amendment. Although plaintiffs did not assert their federal constitutional claim in the state proceedings, the validity of two of the sales was litigated in the state courts and upheld by the Virginia Supreme Court. The...

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