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HUEMMER v. MAYOR & CITY COUNCIL, ETC.

Nos. 79-1680-79-1682.

632 F.2d 371 (1980)

Tammy Lane HUEMMER, Appellant, v. MAYOR AND CITY COUNCIL OF OCEAN CITY and Kenneth Kidde and Irving J. McCabe t/a McCabe's BP Service Station, Appellees, (two cases). Tammy Lane HUEMMER, Appellee, v. MAYOR AND CITY COUNCIL OF OCEAN CITY and Kenneth Kidde and Irving J. McCabe t/a McCabe's BP Service Station, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 9, 1980.

Attorney(s) appearing for the Case

Peter Ayers Wimbrow, III, Ocean City, Md., for appellant.

Thomas Waxter, Jr., Baltimore, Md. (Bruce I. Rothschild, Robin West, Semmes, Bowen & Semmes, Baltimore, Md., Theodore R. Eschenburg, Berlin, Md., on brief), for appellees.

Before WINTER, MURNAGHAN and SPROUSE, Circuit Judges.

PER CURIAM:

Ocean City, Maryland by ordinance authorized "[a]ny property owner ..., when a vehicle is illegally parked upon his private property [to] notify any authorized towing agency and request removal of said vehicle."1 The plaintiff, after a squabble with a friend with whom she had been living, underwent the removal and impounding of her car by a private authorized towing agency.

The ordinance was manifestly defective, in...

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