Legal Opinion

Tunstall v. Office of Judicial Support of the Court of Common Pleas

Court of Appeals for the Third Circuit

Decided June 9, 1987No. 86-1482PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS, Circuit Judge.

The question presented in this appeal is whether a purchaser of property at a sale conducted by a municipality to collect delinquent taxes acts under color of state law for purposes of 42 U.S.C. §§ 1983, 1988. We conclude that the buyer is not a state actor in that circumstance nor in later filing an action to quiet title in state court. Accordingly, we will affirm an order of the district court denying a request for an assessment of counsel fees against the purchaser.

*632After the parties in the underlying litigation settled their dispute, plaintiff Joseph…

2Cases cited19 opinions

  1. Polk County v. DodsonSupreme Court of the United States · 1981
  2. Lugar v. Edmondson Oil Co.Supreme Court of the United States · 1982
  3. Fuentes v. ShevinSupreme Court of the United States · 1972
  4. Flagg Bros., Inc. v. BrooksSupreme Court of the United States · 1978
  5. Pennzoil Co. v. Texaco Inc.Supreme Court of the United States · 1987

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3Cited by3 opinions

  1. Loftus v. Southeastern Pennsylvania Transportation AuthorityDistrict Court, E.D. Pennsylvania · 1994
  2. Tunstall v. Office of Judicial Support of Court of Common Pleas of Delaware CountyCourt of Appeals for the Third Circuit · 1987
  3. Metropolitan Hospital v. ThornburghDistrict Court, E.D. Pennsylvania · 1987

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