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SHERRY v. ASSOCIATES COMMERCIAL CORP.

No. Civ.A. 97-43J.

60 F.Supp.2d 470 (1998)

Carl SHERRY and Ruth Sherry, Plaintiffs, v. ASSOCIATES COMMERCIAL CORPORATION, and Abbey Recovery, Defendants.

United States District Court, W.D. Pennsylvania.

September 29, 1998.

Attorney(s) appearing for the Case

Ronald P. Carnevali, Jr., James R. Walsh, Spence, Custer, Saylor, Wolfe & Rose, Johnstown, PA, for plaintiffs.

Thomas E. Reilly, Davis Reilly, Pittsburgh, PA, for Associates Commercial Corporation, defendant.

Stephen M. Elek, Pittsburgh, PA, for Abbey Recovery, defendant.

Robert E. Durrant, Shelly R. Pagac, Meyer, Darragh, Buckler, Bebenek & Eck, Pittsburgh, PA, for Monroeville Borough, defendant.

MEMORANDUM and ORDER

D. BROOKS SMITH, District Judge.

I. Introduction

This civil rights action arises out of an allegedly wrongful repossession of two vehicles by a private entity which occurred in the presence of two municipal police officers. I must determine whether the private entity's conduct constituted state action, thereby exposing the private entity to liability under 42 U.S.C. § 1983.

II. Facts

Plaintiffs...

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