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WE, INC. v. CITY OF PHILADELPHIA

No. 97-1958.

174 F.3d 322 (1999)

WE, INC., t/a University Coin Laundry; William Schoepe, Jr., t/a University Pinball v. CITY OF PHILADELPHIA, Department of Licenses and Inspections; Rudolph M. Paliaga, Individually and In His Capacity as Director of Business Regulatory Enforcement of the Department of Licenses and Inspections for the City of Philadelphia; University of Pennsylvania; Maureen Rush, Individually and In Her Official Capacity as Director of Police Operations for the University of Pennsylvania University of Pennsylvania, a/k/a Trustees of the University of Pennsylvania and Maureen Rush, Appellants

United States Court of Appeals, Third Circuit.

Decided April 1, 1999.

Attorney(s) appearing for the Case

Ronald J. Shaffer (Argued), Stephanie Resnick, Fox, Rothschild, O'Brien & Frankel, Philadelphia, PA, for Appellees.

Roger F. Cox (Argued), Robert A. Burke, Jordana Cooper, Philadelphia, PA, for Appellants.

BEFORE: STAPLETON and ROTH, Circuit Judges, and LONGOBARDI, District Judge

OPINION OF THE COURT

STAPLETON, Circuit Judge:

The University of Pennsylvania ("the University") appeals from an order of the District Court denying its motion for summary judgment. The University premised its summary judgment motion on a claimed immunity from liability under the Noerr-Pennington doctrine. See United Mine Workers v. Pennington, 381 U.S. 657, 85 S.Ct. 1585, 14 L.Ed.2d 626 (1965); Eastern R...

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