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O'NEILL v. CITY OF PHILADELPHIA

No. 93-1378.

32 F.3d 785 (1994)

John O'NEILL; Samuel R. Goodman, on behalf of themselves and all others similarly situated v. CITY OF PHILADELPHIA; Philadelphia Parking Authority; Office of the Director of Finance; Bureau of Administrative Office of Adjudication City of Philadelphia, Office of The Director of Finance and Bureau of Administrative Adjudication, Appellants.

United States Court of Appeals, Third Circuit.

Decided August 5, 1994.

Attorney(s) appearing for the Case

Judith E. Harris, Michael F. Eichert (argued), Office of City Sol., Philadelphia, PA, for appellants City of Philadelphia, Office of Director of Finance, Bureau of Administrative Office of Adjudication.

Andrew F. Mimnaugh, Vincent J. Ziccardi (argued), Philadelphia, PA, for appellees John O'Neill and Samuel R. Goodman.

Before: ROTH, LEWIS and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge:

This appeal requires us to determine whether the federal courts must entertain a constitutional challenge to the City of Philadelphia's parking ticket procedures — procedures that resulted in the imposition of a $45 fine against plaintiff-appellee John O'Neill, which remains unpaid, and a $173 fine against plaintiff-appellee Samuel Goodman, which was paid. We hold that the district court should have exercised...

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