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INTERSTATE TOWING v. CITY OF CINCINNATI, OHIO

No. 92-3731.

6 F.3d 1154 (1993)

INTERSTATE TOWING ASSOCIATION, INC., Plaintiff-Appellant, v. CITY OF CINCINNATI, OHIO, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 13, 1993.

Attorney(s) appearing for the Case

Brett Colbert Goodson (briefed), Kimpel, Hyland, Weinkam & Goodson, Cincinnati, OH, Michael P. McGovern (argued and briefed), McGehee & Newton, Knoxville, TN, for plaintiff-appellant.

James F. McCarthy, III (argued and briefed), Fay D. Dupuis, City Solicitor's Office, Cincinnati, OH, for defendant-appellee.

Before: GUY and BATCHELDER, Circuit Judges; and MILES, Senior District Judge.

BATCHELDER, Circuit Judge.

By ordinance, the City of Cincinnati, Ohio ("City") requires all tow trucks that tow vehicles from locations within City limits to other City locations, or to locations outside the City, to be licensed by the City. Cincinnati, Ohio, Mun.Code § 869-7 (1990).1 The ordinance applies to all towing companies or operators based within the City limits or within a 25-mile radius of the City limits. Id. To...

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