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RAGIN v. SCHWARTZ

Civ. A. No. 74-390.

393 F.Supp. 152 (1975)

Darlene RAGIN, on behalf of herself and all others similarly situated, Plaintiffs, v. Allan SCHWARTZ, Constable, et al., Defendants.

United States District Court, W. D. Pennsylvania.

April 15, 1975.

Attorney(s) appearing for the Case

Lewis M. Taffer, Neighborhood Legal Services, Pittsburgh, Pa., for plaintiff.

John M. Duff, Deputy Atty. Gen., Pa. Dept. of Justice, Pittsburgh, Pa., for defendants.

David R. Levin, Pittsburgh, Pa., for amicus curiae.

Before ALDISERT, Circuit Judge, and TEITELBAUM and SNYDER, District Judges.

OPINION AND ORDER

SNYDER, District Judge.

This is an action for declaratory judgment and injunctive relief challenging the constitutionality of those portions of Article III of the Pennsylvania Landlord and Tenant Act of 1951 (The Act) which authorize a landlord's seizure and sale of a tenant's property for unpaid rent without prior notice or opportunity to present a defense.1 We find those portions of Article III violate Due...

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