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STEPHENS v. TIELSCH

No. 73-3580.

502 F.2d 1360 (1974)

Kenneth B. STEPHENS, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. George P. TIELSCH, Chief of Police of the City of Seattle, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

September 3, 1974.

Attorney(s) appearing for the Case

Peter Greenfield (argued), of the Legal Services Center, Seattle, Wash., for appellant.

Charles R. Nelson (argued), Asst. City Atty., Seattle, Wash., for appellee.

Before BROWNING and CHOY, Circuit Judges, and WEIGEL, District Judge.

OPINION

CHOY, Circuit Judge:

Appellant, Kenneth Stephens, brought this civil rights action to challenge a Seattle city ordinance, Seattle, Wash., Code c. 21.48, which permits the towing of illegally parked vehicles. Basically, his claim is that it offends procedural due process not to require that a hearing be held immediately after a vehicle is towed but before the towing charges are paid. The district court invoked the doctrine of abstention so as to permit...

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