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RECTOR v. CITY AND COUNTY OF DENVER

No. 02-1434.

348 F.3d 935 (2003)

Terri RECTOR and Damian Spencer, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. CITY AND COUNTY OF DENVER, a municipal corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 6, 2003.

Attorney(s) appearing for the Case

Jesse H. Choper (Robert B. Carey and Leif Garrison of The Carey Law Firm, Colorado Springs, CO, on the briefs), for Plaintiffs-Appellants.

Debra Asimus Overn, Assistant City Attorney (J. Wallace Wortham, Jr., City Attorney; Geoffrey S. Wasson and Christopher M.A. Lujan, Assistant City Attorneys, with her on the brief), City and County of Denver, Denver, CO, for Defendant-Appellee.

Before TACHA, Chief Circuit Judge, McWILLIAMS and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

In this class action lawsuit against the City and County of Denver ("City" or "Denver"), Plaintiffs-Appellants allege that Denver's parking enforcement regime violates their rights to due process. Their primary claim is that the parking tickets erroneously lead ticket recipients to believe that they will be assessed a late fee if they do not pay the ticket within the allotted twenty-day period, even if they challenge the ticket in a timely...

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