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JOHNSON v. KELLY

No. 77-2225.

583 F.2d 1242 (1978)

Doris E. JOHNSON, Edna Sylvester, Joseph L., Jr. and Mary Tunstall, and Joseph Massey, on behalf of themselves and all others similarly situated v. Robert F. KELLY, Individually and as Prothonotary of the Court of Common Pleas of Delaware County, Court House, Media, Pennsylvania, and Grace Building Company, Inc., George and Rye Gold, Robert Alden, Inc., and Curtis Building Co., Inc., on behalf of themselves and all others similarly situated. Appeal of Doris E. JOHNSON and Joseph Massey, on behalf of themselves and the class which they purport to represent.

United States Court of Appeals, Third Circuit.

Decided September 29, 1978.

Attorney(s) appearing for the Case

David A. Scholl, Alan H. Kleinman, Community Legal Services, Inc., Philadelphia, Pa., for appellants.

Alfred O. Breinig, Jr., Jenkintown, Pa., for appellee.

Before SEITZ, Chief Judge, ALDISERT and ROSENN, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

Plaintiffs appeal from an order of the district court dismissing their constitutional challenge to the validity of tax sales conducted against their properties pursuant to the Pennsylvania County Return Act, Act of May 29, 1931, P.L. 280, §§ 1-21, as amended, 72 P.S. §§ 5971a-t. The district court, concluding that it was constrained from reaching the...

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