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EPPS v. CORTESE

Civ. A. No. 70-2592.

326 F.Supp. 127 (1971)

Mitchell EPPS, Paul and Ellen Parham, and Rosa Bell Andrews Washington, on behalf of themselves and all others similarly situated v. Americo V. CORTESE, Esquire, et al.

United States District Court, E. D. Pennsylvania.

Probable Jurisdiction Noted May 24, 1971.

Attorney(s) appearing for the Case

Joel Weisberg, Community Legal Serv., Philadelphia, Pa., for plaintiffs.

Levy Anderson, City Sol., Philadelphia, Pa., for Americo V. Cortese and William M. Lennox.

William Bayer, Philadelphia, Pa., for Government Employees Exchange Corp.

Robert F. Maxwell, Philadelphia, Pa., for Sears, Roebuck and Co.

Before GANEY, Circuit Judge, and TROUTMAN and HANNUM, District Judges.

Probable Jurisdiction Noted May 24, 1971. See 91 S.Ct. 2185.

TROUTMAN, District Judge.

Plaintiffs challenge the constitutionality of those Pennsylvania statutes and rules of civil procedure which provide for the civil action of replevin with bond. Act of 1705, 1 Sm. L. 44, § 12, 12 P.S. § 1821, and April 19, 1901, P.L. 88, as amended, 12 P.S. §§ 1824-1845; Pennsylvania Rules of Civil Procedure 1071-1087.1

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