Claudine Hall, Individually and on Behalf of All Persons Similarly Situated v. Sylvia Garson

SIMPSON, Circuit Judge.

Beginning May 23, 1967, plaintiff-appellant Hall was a tenant of the Cosmopolitan Apartments in Houston, Texas, which were operated by defendants-appellees Garson, Kaplan and Sud. On September 24, 1969, Hall was in arrears in her rent, although the amount of the arrearage was in dispute. 1 Because of this due and unpaid rent, defendants-appellees’ agent was sent to Hall’s apartment and, on their instructions, entered Hall’s apartment and took therefrom a portable television set owned by Hall and delivered it to defendants-appellees. Neither the entry upon the premises…