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SMITH v. FIDELITY CONSUMER DISCOUNT CO.

No. 88-1406.

898 F.2d 896 (1990)

Annabelle SMITH, Charles Coplin, Margaret Coplin, Gloria Young and Tito Manor v. FIDELITY CONSUMER DISCOUNT COMPANY, Jerry Silver, Marshall Gorson, Kutner Buick, Inc. and Samson Motors, Inc. Appeal of FIDELITY CONSUMER DISCOUNT COMPANY.

United States Court of Appeals, Third Circuit.

Opinion filed on June 27, 1989.

Opinion withdrawn as to and, as modified, filed as to on March 15, 1990.

Attorney(s) appearing for the Case

Jeffrey S. Saltz (argued), Alan S. Kaplinsky, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for appellant.

Eric L. Frank (argued), David A. Searles, Community Legal Services, Inc., Philadelphia, Pa., for appellees.

Alan C. Gershenson, Dennis H. Replansky, Timothy M. Kolman, Leonard A. Bernstein, Blank, Rome, Comisky, McCauley, Philadelphia, Pa., for amicus curiae, Pennsylvania Financial Services Ass'n.

Before SEITZ, STAPLETON and COWEN, Circuit Judges.

Opinion filed on June 27, 1989 in Nos. 88-1406 and 88-1444.

Opinion withdrawn as to Nos. 88-1406 and 88-1444 and, as modified, filed as to No. 88-1406 on March 15, 1990.

OPINION OF THE COURT

SEITZ, Circuit Judge.

Fidelity Consumer Discount Corporation ("Fidelity") appeals from the final judgment of the district court, specifically the order of the district court granting the motion of Annabelle Smith, Charles Coplin, and Margaret Coplin,...

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