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FITZGERALD v. CITY OF PHILA.

Nos. 2181 C.D. 1983 and 2444 C.D. 1983.

87 Pa.Commw. 482 (1985)

Bernard Fitzgerald, on behalf of himself and a class of all persons similarly situated, Appellant v. City of Philadelphia, Appellee. City of Philadelphia, Appellant v. Bernard Fitzgerald, on behalf of himself and a class of all persons similarly situated, Appellee.

Commonwealth Court of Pennsylvania.

February 11, 1985.

Attorney(s) appearing for the Case

William A. Goichman, with him, David M. Rosenfield and Kenneth R. Gross, Rosenfield, Azrak, Ring & Benn; Of Counsel: Laurence Ring, for appellant/appellee, Bernard Fitzgerald et al.

John M. Myers, with him, Amy E. Katz, Assistant City Solicitor, and Barbara W. Mather, City Solicitor, for appellee/appellant, City of Philadelphia.

Argued June 5, 1984, before President Judge CRUMLISH, JR. and Judges ROGERS, WILLIAMS, JR., CRAIG, MacPHAIL, DOYLE and PALLADINO.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., February 11, 1985:

Bernard Fitzgerald and the City of Philadelphia cross appeal from two Philadelphia County Common Pleas Court orders. We affirm as to the amount of damages; we reverse as to the award of counsel fees.

Fitzgerald filed a class action suit challenging the constitutionality of procedures under one of the City's towing ordinances. Representing a class of individuals whose vehicles had been towed and who...

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