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FREITAG v. CARTER

No. 72-1679.

489 F.2d 1377 (1973)

Victor FREITAG, Individually and on behalf of others similarly situated, Plaintiff-Appellee, v. James Y. CARTER, Individually and in his official capacity as Commissioner of the Public Vehicle License Commission of the City of Chicago, and the City of Chicago, a municipal corporation, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided December 10, 1973.

Attorney(s) appearing for the Case

Richard L. Curry, Corp. Counsel, William R. Quinlan, Asst. Corp. Counsel, Chicago, Ill., for defendants-appellants.

Thomas P. Stillman, Chicago, Ill., for plaintiff-appellee.

Before PELL and STEVENS, Circuit Judges, and REYNOLDS, District Judge.

PELL, Circuit Judge.

After the Public Vehicle License Commission of the City of Chicago allegedly denied his application for a chauffeur's license, Victor Freitag filed a class action against the head of the Commission and the City of Chicago challenging the constitutionality of the City's licensing ordinance.1 The complaint, grounded on 42 U.S.C. § 1983, alleged that the ordinance failed "to provide for notice of

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