CARDINAL TOWING & AUTO REPAIR, INC.; David Matoke, Individually, Plaintiffs-Appellants,
v.
CITY OF BEDFORD, TEXAS, a Municipal Corporation; Rick Hurt, Mayor of City of Bedford in his official and individual capacity; Becky Grein, City Council Member in her official and individual capacity; Lisa Daly, City Council Member in her official and individual capacity; Stephen Peak, City Council Member in his official and individual capacity; Charles Orean, City Council Member in his official and individual capacity; Danny McDowell, City Council Member in his official and individual capacity; Leahmon Chambers, City Council Member in his official and individual capacity; Jim R. Simpson, Chief of Police in his official and individual capacity; B&B Wrecker Services, Inc., Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
July 22, 1999.
July 22, 1999.
Attorney(s) appearing for the Case
Michael Patrick McGovern, Ayres & Parkey, Knoxville, TN, Gilbert Craig Hubble, Law Office of Charles W. Settle, Arlington, TX, for Plaintiffs-Appellants.
James Thomas Jeffrey, Jr., Remington & Jeffrey, Arlington, TX, for City of Bedford, Texas, Rick Hurt, Becky Grein, Lisa Daly, Stephen Peak, Charles Orean, Danny McDowell, Leahmon Chambers and Jim R. Simpson.
James A. Cribbs, Paul Thomas Francis, Cribbs & McFarland, Arlington, TX, for B&B Wrecker Services, Inc.
Jonathan E. Bruce, Stephenson-Anderson & Associates, Houston, TX, for Austin Towing Association, Amicus Curiae, Galveston Towing & Storage Lot Association, Amicus Curiae, Houston Professional Towing Association, Amicus Curiae and Lubbock Towing Association, Amicus Curiae.
Gilbert D. Douglas, Houston, TX, for City of Houston, Texas, Amicus Curiae.
Deborah Lynne Klein, Assistant City Attorney of San Antonio, Litigation Division, San Antonio, TX, for City of San Antonio, Amicus Curiae.
William Alan Wright, Haynes & Boone, Dallas, TX, Debra Janece McComas, Haynes & Boone, Houston, TX, for Texas Towing Corporation, Amicus Curiae.
Before GARWOOD, DAVIS and DeMOSS, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
GARWOOD, Circuit Judge:
Plaintiffs-appellants Cardinal Towing & Auto Repair, Inc. and its owner David Matoke (collectively, Cardinal) sued defendants-appellees—the City of Bedford, Texas, the members of the City Council, the City's Police Chief and B&B Wrecker Services, Inc. (all appellees collectively, the City)—complaining of the City's 1995 towing ordinance and the 1996 award of the City's towing contract thereunder to defendant-appellee B...
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