Beatrice FINBERG, indiv. and on behalf of all others similarly situated, Beverly Demcher, John Dzubak, Patricia Dzubak, indiv. and on behalf of all others similarly situated,
v.
Joseph A. SULLIVAN, indiv. and in his capacity as Sheriff, Phila. County, and Americo V. Cortese, indiv. and in his capacity as Prothonotary, Court of Common Pleas, Phila. County, and Sterling Consumer Discount Company, a corporation.
Beatrice Finberg, on behalf of herself and others similarly situated, Appellant.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued November 15, 1979.
Argued April 28, 1980.
Decided October 27, 1980.
Opinion May 11, 1981.
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 (argued), Asst. City Sols., City of Philadelphia Law Dept., Philadelphia, Pa., for appellee Joseph A. Sullivan.
Jonathan Vipond, III, Kathleen M. Quinn, Howland W. Abramson (argued), Philadelphia, Pa., for appellee Americo V. Cortese.
Before SEITZ, Chief Judge, and ALDISERT, ADAMS, GIBBONS, ROSENN, WEIS, GARTH, HIGGINBOTHAM and SLOVITER, Circuit Judges.
United States Court of Appeals, Third Circuit.
Argued En Banc April 28, 1980.
OPINION SUR DENIAL OF DEFENDANTS' MOTION FOR VACATION OF JUDGMENT
ADAMS, Circuit Judge.
In an opinion filed October 27, 1980, 634 F.2d 50, this Court, sitting en banc, held that Pennsylvania's post-judgment garnishment procedures violated the due process clause of the Federal Constitution in two respects. First, the state procedures failed to provide a prompt post-seizure hearing at...
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