PARKS v. "MR. FORD"

No. 75-2271.

556 F.2d 132 (1977)

Gilbert PARKS et al., Appellants, v. "MR. FORD" d/b/a Ford's Speed Shop et al. William MULDOWNEY, Jr., on behalf of himself and all others similarly situated, Appellant, v. INTERNATIONAL CYCLES, INC.

United States Court of Appeals, Third Circuit.

Reargued November 4, 1976.

Decided April 4, 1977.


Attorney(s) appearing for the Case

David A. Scholl, Delaware County Legal Assistance Ass'n, Inc., Chester, Pa., for appellants.

Donald J. Martin, George W. Helme, IV, Thomas E. Waters, Jr., Waters, Fleer, Cooper & Gallager, Norristown, Pa., for appellee, North Penn Motors, Inc.

H. Kenneth Tull, Philadelphia, Pa., for appellee, Erwin Chevrolet, Inc.

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.


OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal concerns the validity under the due process clause of the Fourteenth Amendment of two aspects of Pennsylvania law: first, a common law rule which gives automobile repairmen a possessory lien on vehicles they have repaired, and second, statutes which permit repairmen to sell vehicles retained under that lien. The district court held that state action is not involved when private repairmen retain or sell...

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