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KACHER v. PITTSBURGH NAT. BANK

No. 75-2451.

545 F.2d 842 (1976)

Application of Dr. Frank Kacher for an Order staying Writs of Replevin at Nos. 2966 and 2967 July Term, 1971, in the Court of Common Pleas of Allegheny County, Pennsylvania, or for a temporary Restraining Order until such time that a hearing to test the constitutionality of the Writ of Replevin may be effected. Dr. Frank KACHER, an Individual v. PITTSBURGH NATIONAL BANK, a corporation. Appeal of Dr. Frank A. KACHER.

United States Court of Appeals, Third Circuit.

Decided November 2, 1976.

Attorney(s) appearing for the Case

Bart M. Beier and Thomas M. Kerr, Kaufman & Harris, Pittsburgh, Pa., for appellant.

Marten R. Jenkins, Campbell, Thomas & Burke, Pittsburgh, Pa., for appellee.

Before VAN DUSEN, GIBBONS and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

The question presented in this appeal is whether a creditor which proceeds to enforce its security interest under state replevin procedures later declared to be unconstitutional is answerable in damages to a debtor whose property was seized and sold. The United States District Court for the Western District of Pennsylvania answered this question in the negative. We affirm.

I.

Plaintiff Frank Kacher...

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