Kacher v. Pittsburgh National Bank

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, a Pittsburgh dentist, borrowed $20,625 from the Pittsburgh National Bank (“Bank”) to purchase certain dental equipment and fixtures for which loan he…