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SECURITY MUT. LIFE INS. CO. v. CONTEMPORARY REAL ESTATE ASS'N

No. 92-1319.

979 F.2d 329 (1992)

SECURITY MUTUAL LIFE INSURANCE COMPANY OF NEW YORK v. CONTEMPORARY REAL ESTATE ASSOCIATES; Vivian M. Barsky; Anthony A. Minnissale; Stanley D. Kolman; Frank H. Guinn; Geraldine P. Baird; Saul Jeck; Lester A. Ruppersberger; Harvey Harris; Kenneth B. Wiseman; Stanley E. Essl; Joanna M. Mscichowski, Appellants.

United States Court of Appeals, Third Circuit.

Decided November 13, 1992.

Attorney(s) appearing for the Case

Robert D. Lane, Jr., Margaret A. Suender (argued), Pepper, Hamilton & Scheetz, Philadelphia, Pa., for appellee.

Anthony W. Novasitis, Jr. (argued), Philadelphia, Pa., for appellants.

Before: COWEN, NYGAARD, and SEITZ, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

In this diversity action controlled by Pennsylvania law, defendants appeal the judgment of the district court to the extent that it allows certain late charges and attorneys' fees against them in an action for the collection of the accelerated balance of a note. The district court had jurisdiction under 28 U.S.C. § 1332(a)(1). We have jurisdiction under 28 U.S.C. § 1291.

I. FACTUAL AND PROCEDURAL...

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