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CINEA v. CERTO

No. 95-3168.

84 F.3d 117 (1996)

Barbara CINEA; Sandra Bernardi; Ken Bernardi; Judith Wimbs, on their own behalf and on behalf of all others similarly situated; Betty Bendel v. Pennsylvania State Constable Daniel CERTO; Pennsylvania State Constable Fred Taiber; Bernard Regan, Manager of Constable Services for Allegheny County, individually and in their official capacities; Robert A. Cox; Nancy Sobolevitch; Patrick Siegworth. Barbara Cinea, Sandra and Ken Bernardi and Judith Wimbs, on their own behalf and on behalf of all other similarly situated, Appellants.

United States Court of Appeals, Third Circuit.

Decided May 6, 1996.

Attorney(s) appearing for the Case

Janice Haagensen (Argued), Evalynn Welling, Neighborhood Legal Services Ass'n, Pittsburgh, PA, for Appellants.

Howard M. Holmes (Argued), Supreme Court of Pennsylvania, Administrative Office of Pennsylvania Courts, Philadelphia, PA, for Appellee Nancy Sobolevitch.

Before: STAPLETON, SAROKIN and ROSENN, Circuit Judges.

OPINION OF THE COURT

SAROKIN, Circuit Judge:

Plaintiffs, a class of Allegheny County judgment debtors, filed suit against Pennsylvania constables and the Court Administrator of Pennsylvania, alleging that plaintiffs were deprived of their property without due process of law by operation of Pennsylvania's rules governing the post-judgment levy and execution against property in proceedings before district justices...

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