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TUNSTALL v. OFFICE OF JUDICIAL SUPPORT

No. 86-1482.

820 F.2d 631 (1987)

Joseph L., Jr. and Mary TUNSTALL; and Joseph Massey, On behalf of themselves and all others similarly situated v. OFFICE OF JUDICIAL SUPPORT OF the COURT OF COMMON PLEAS OF DELAWARE COUNTY and Grace Building Company, Inc. and Curtis Building Co., Inc. Appeal of Joseph MASSEY.

United States Court of Appeals, Third Circuit.

Decided June 9, 1987.

Attorney(s) appearing for the Case

Jonathan M. Stein, Community Legal Services, Inc., Philadelphia, Pa., for appellants.

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

Before WEIS, BECKER and VAN DUSEN, Circuit Judges.

Submitted Pursuant To Third Circuit Rule 12(6) February 23, 1987.

OPINION OF THE COURT

WEIS, Circuit Judge.

The question presented in this appeal is whether a purchaser of property at a sale conducted by a municipality to collect delinquent taxes acts under color of state law for purposes of 42 U.S.C. §§ 1983, 1988. We conclude that the buyer is not a state actor in that circumstance nor in later filing an action to quiet title in state...

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