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NEWSSTAND. INC. v. CITY OF PHILADELPHIA

Civ. A. No. 83-3441.

577 F.Supp. 1576 (1984)

The NEWSSTAND, INC., Kwik Park Corporation and Kaiserman Enterprises v. CITY OF PHILADELPHIA, et al.

United States District Court, E.D. Pennsylvania.

January 24, 1984.

Attorney(s) appearing for the Case

Henry Stein, Alan Kessler, William H. Eilberg, Philadelphia, Pa., for plaintiff.

Barbara Gilbert, Asst. City Sol., Philadelphia, Pa., for defendants.

MEMORANDUM

NEWCOMER, District Judge.

The plaintiffs seek a declaratory judgment that Section 9-205 of the Philadelphia Code, which provides for the licensing and regulation of sidewalk vendors, violates the Due Process Clause of the Fourteenth Amendment of the United States Constitution. Because I find that Section 9-205 is constitutional on its face and as applied, I will grant the defendants' motion to dismiss the complaint.

The allegations of...

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