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NON-RESIDENT TAXPAYERS ASS'N OF PA. & N. J. v. MURRAY

Civ. A. No. 72-570.

347 F.Supp. 399 (1972)

The NON-RESIDENT TAXPAYERS ASSOCIATION OF PENNSYLVANIA AND NEW JERSEY et al. v. Charles MURRAY, Sheriff of Philadelphia County, et al.

United States District Court, E. D. Pennsylvania.

As Amended September 22, 1972.

Attorney(s) appearing for the Case

Stephen A. Sheller, Philadelphia, Pa., for plaintiffs.

Albert J. Persichetti, Asst. City Sol., Philadelphia, Pa., Dante Mattioni, Asst. Atty. Gen., Harrisburg, Pa., for defendants.

Before GIBBONS, Circuit Judge, and WEINER and BECHTLE, District Judges.

MEMORANDUM OPINION

WEINER, District Judge.

In this case the plaintiffs have launched an attack upon the constitutional validity of a Pennsylvania statute which authorizes the issuance of a writ of capias ad respondendum in suits to recover fines and penalties and upon the Pennsylvania Rules of Civil Procedure which have preserved and ratified the utilization of the writ for the specific purpose of actions instituted for the collection of fines and penalties...

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