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FINBERG v. SULLIVAN

No. 79-1129.

634 F.2d 50 (1980)

FINBERG, Beatrice, Individually, and on behalf of all others similarly situated, Demcher, Beverly, Dzubak, John and Dzubak, Patricia, Individually and on behalf of all others similarly situated, v. SULLIVAN, Joseph A., Individually and in his capacity as Sheriff, Philadelphia County, and Cortese, Americo V., Individually, and in his capacity as Prothonotary, Court of Common Pleas, Philadelphia County, and Sterling Consumer Discount Company, a corporation. Appeal of Beatrice FINBERG, on behalf of herself and others similarly situated, Appellant.

United States Court of Appeals, Third Circuit.

Reargued April 28, 1980.

Decided October 27, 1980.

Attorney(s) appearing for the Case

Bruce Fox (argued), Henry J. Sommer (argued), Community Legal Services, Inc. Philadelphia, Pa., for appellant.

Sheldon L. Albert, City Sol., James M. Penny, Jr., Ralph J. Teti, Asst. City Sols. (argued), City of Philadelphia Law Dept., Philadelphia, Pa., for appellee Joseph A. Sullivan.

Jonathan Vipond, III, Kathleen M. Quinn, Howland W. Abramson, Philadelphia, Pa. (argued), for appellee Americo V. Cortese.

Before SEITZ, Chief Judge, and ALDISERT, ADAMS, GIBBONS, ROSENN, WEIS, GARTH, HIGGINBOTHAM, and SLOVITER, Circuit Judges.

Reargued En Banc April 28, 1980.

Argued Nov. 15, 1979.

Before SEITZ, Chief Judge, ALDISERT, Circuit Judge, and TEITELBAUM, District Judge.*

Argued En Banc April 28, 1980.

Before SEITZ, Chief Judge, and ALDISERT, ADAMS, GIBBONS, ROSENN, WEIS, GARTH, HIGGINBOTHAM, and SLOVITER, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

The appellant sought to have declared unconstitutional...

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