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GROSS v. FOX

Civ. A. No. 70-3303.

349 F.Supp. 1164 (1972)

Susan GROSS, on behalf of herself and all others similarly situated v. J. Wilson FOX, Deputy Constable et al.

United States District Court, E. D. Pennsylvania.

October 24, 1972.

Attorney(s) appearing for the Case

Sharon K. Wallis, Stephen A. Sheller, Astor & Weiss, Philadelphia, Pa., for plaintiff.

Turrey A. Kepler, John F. Naulty, Philadelphia, Pa., for defendant Fox.

Milton S. Lazaroff, Philadelphia, Pa., for defendants Clarke, Freedman & Devon-Strafford Co.

Before VAN DUSEN, Circuit Judge, LORD, Chief District Judge, and FULLAM, District Judge.

MEMORANDUM SUR MOTION TO VACATE OPINION AND GRANT REHEARING

JOSEPH S. LORD, III, Chief District Judge.

This case involves a challenge to the constitutionality of Sections 302 et seq. of the Pennsylvania Landlord and Tenant Act, 68 P.S. § 250.302 et seq. These provisions of state law provide a procedure known as "distraint" or "distress for rent" whereby a landlord or his duly authorized agent is allowed to take possession or control of property (with...

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