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BROWN v. NORTH CAROLINA DIVISION OF MOTOR VEHICLES

No. 97-2784.

166 F.3d 698 (1999)

Willie M. BROWN; David S. Bagley; Joan Bagley; Orris Cross; Russell Anderson, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, United States of America, Intervenor, v. NORTH CAROLINA DIVISION OF MOTOR VEHICLES, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 12, 1999.

Attorney(s) appearing for the Case

ARGUED: Seth Michael Galanter, United States Department of Justice, Washington, D.C., for Intervenor. Stephen Russell Senn, Peterson & Meyers, P.A., Lakeland, Florida, for Appellants. James Peeler Smith, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. ON BRIEF: Bill Lann Lee, Acting Assistant Attorney General, Jessica Dunsay Silver, United States Department of Justice, Washington, D.C., for Intervenor. J. Davis Connor, Peterson & Meyers, P.A., Lakeland, Florida; Robert Joseph Antonello, Robert G. Fegers, Antonello & Fegers, Winter Haven, Florida; Melinda Lawrence, Burton Craige, Leto Copeley, Patterson, Harkavy & Lawrence, L.L.P., Raleigh, North Carolina, for Appellants. Michael F. Easley, North Carolina Attorney General, Hal F. Askins, Special Deputy Attorney General, C. Norman Young, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Before WILKINSON, Chief Judge, MURNAGHAN, Circuit Judge, and MOON, United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed by published opinion. Chief Judge WILKINSON wrote the majority opinion, in which Judge MOON joined. Judge MURNAGHAN wrote a dissenting opinion.

OPINION

WILKINSON, Chief Judge:

Five purchasers of North Carolina handicapped parking placards sued the state Division of Motor Vehicles (DMV) on behalf of themselves and all those similarly situated to recover a five dollar fee the state charged for the placard. Plaintiffs claimed the fee violated...

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