No. 97-9174.

158 F.3d 538 (1998)

R. MAYER OF ATLANTA, INC., Tony N. Upchurch, d.b.a. Chuck's Truck, et al., Plaintiffs-Appellants, v. CITY OF ATLANTA, Georgia, Eldrin Bell, Individually and in his official capacity as Director of Public Safety for the City of Atlanta, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 23, 1998.

Attorney(s) appearing for the Case

Thomas E. Maddox, Jr., Tucker, GA, for Plaintiffs-Appellants.

Lisa Steinmetz Morchower, M. Hakim Hilliard, Office of Atlanta City Atty., Law Dept., William J. Monohan, Atlanta, GA, for Defendants-Appellees.

Before EDMONDSON and BIRCH, Circuit Judges, and STAFFORD, Senior District Judge.

BIRCH, Circuit Judge:

In this appeal, we determine, as a matter of first impression, whether the Interstate Commerce Act ("ICA") preempts a municipal ordinance regulating the provision of consensual towing services. On summary judgment, the district court ruled that, because consensual towing services do not fall within the scope of the ICA's preemption provision, the municipal ordinance is valid. For the reasons set forth below, we conclude that the ICA expressly...

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