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JOSEPH L. v. OFFICE OF JUDICIAL SUPPORT, ETC.

Civ. A. No. 75-3103.

516 F.Supp. 1345 (1981)

JOSEPH L., Jr. and Mary Tunstall; and Joseph Massey, on behalf of themselves and all others similarly situated, Plaintiffs, v. OFFICE OF JUDICIAL SUPPORT OF the COURT OF COMMON PLEAS OF DELAWARE COUNTY, Grace Building Company, Inc., and Curtis Building Co., Inc., on behalf of themselves and all others similarly situated, Defendants.

United States District Court, E. D. Pennsylvania.

July 6, 1981.

Attorney(s) appearing for the Case

David A. Scholl, Bethlehem, Pa., C. Norwood Wherry, Media, Pa., for plaintiffs.

Alfred O. Breinig, Jr., Jenkintown, Pa., Michael Ehling, Media, Pa., for defendants.

OPINION

DITTER, District Judge.

This action challenges the constitutionality of certain tax sales conducted pursuant to the Pennsylvania County Return Act (Act), 72 P.S. §§ 5971a et seq. Suit was brought under 42 U.S.C. § 1983 and the Fourteenth Amendment. Earlier, I dismissed plaintiffs' complaint believing the facts of this case fell within the abstention doctrine, Johnson v. Kelly, 436 F.Supp. 155

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