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ACE AUTO BODY & TOWING, LTD. v. CITY OF NEW YORK

Docket Nos. 97-9499, 97-9551.

171 F.3d 765 (1999)

ACE AUTO BODY & TOWING, LTD.; Atlam Towing Service, Inc.; Bangs Towing, Inc.; Ben's Towing Service; Bills Towing Service, Inc.; Bragg Towing Co.; Broadway Auto Service, Inc.; C & J Collision Service, Inc.; Charles Schmidt and Sons, Inc.; Chester's Highway Garage of PW, Inc.; CK Towing, Inc.; Dave's Heavy Towing, Inc.; Do-Rite Reliable Towing, Inc.; Efficiency Enterprise, Inc.; East Coast Industrial Uniform Corp.; F & B Truck Repair & Maintenance, Inc.; Galasso Trucking, Inc.; Gesco Ice Cream Vending Corp.; Hendrickson Towing, Inc.; Kenny's Fleet Maintenance, Inc.; Leonard Auto Body; Marjam Supply Co., Inc.; Model Towing & Recovery, Inc.; Murray Rude Services, Inc.; Parkview Towing Corp.; Plaza Ambulette Service, Inc.; Rapid Armored Corporation; Sunny Day Enterprise Industries, Ltd.; Tommy Bug Auto Repairs, Inc.; Ultimate Transport, Inc.; Zant Pre Inc., doing business as presant glass, Plaintiffs-Appellants-Cross-Appellees, v. The CITY OF NEW YORK, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 26, 1999.

Attorney(s) appearing for the Case

Bruce J. Robbins, Eastchester, New York, for Plaintiffs-Appellants-Cross-Appellees.

Mordecai Newman, New York, New York (Jeffrey D. Friedlander, Acting Corporation Counsel of the City of New York, Larry A. Sonnenshein, Robin Binder, New York, New York, of counsel), for Defendant-Appellee-Cross-Appellant.

Before: NEWMAN, CARDAMONE, and PARKER, Circuit Judges.

CARDAMONE, Circuit Judge:

Looming over our Republican form of government, where each state in the exercise of sovereignty enacts its own laws, lies the Supremacy Clause of the U.S. Constitution, from which clause has been derived a legal concept known — to judges and lawyers, if not to laypersons — as preemption. Preemption, the doctrine by which federal law supplants contrary state and local law, is the subject of this appeal. Plaintiffs, who are members...

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