Luria Brothers & Company, Inc., a Corporation v. Thomas R. Allen, Jr. And Morton J. Greene, Trading as Economy Industrial Properties, a Partnership

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Two major federal questions are presented in this appeal from the judgment of a district court in a diversity case: (1) under the teachings of Flagg Bros., Inc. v. Brooks, 436 U.S. 149, 98 S.Ct. 1729, 56 L.Ed.2d 185 (1978), and Parks v. "Mr. Ford”, 556 F.2d 132 (3d Cir. 1977) (in banc), does a private landlord’s posting of a notice of distraint under the Pennsylvania Landlord and Tenant Act constitute state action? and (2) may the losing party in an action brought under 42 U.S.C. § 1983 recover attorney’s fees under 42 U.S.C. § 1988 if it prevails…