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TOCHER v. CITY OF SANTA ANA

Nos. 97-55628, 97-55660.

219 F.3d 1040 (2000)

Patrick P. TOCHER, an individual, dba Pacific Coast Motoring, Plaintiff-Appellee, v. CITY OF SANTA ANA; Paul Walters, Defendants-Appellants, and City of Tustin; City of Costa Mesa; Santa Ana Police Department; W. Douglas Franks; Tustin Police Department; Costa Mesa Police Department, Defendants. Patrick P. Tocher, an individual, dba Pacific Coast Motoring, Plaintiff-Appellee, v. City of Santa Ana; Paul Walters, Defendants. Santa Ana Police Towing Association, Applicant in Intervention-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 14, 2000.

Attorney(s) appearing for the Case

Benjamin Kaufman, Chief Assistant City Attorney, Robert J. Wheeler, Assistant City Attorney, Deputy City Attorneys, Santa Ana, California, for the defendants-appellants.

Michael P. McGovern, Ayres and Parkey, Knoxville, Tennessee, for the plaintiff-appellee.

Mark S. Rosen, Santa Ana, California, for the intervenor-appellant.

Before: BRUNETTI, RYMER, and SILVERMAN, Circuit Judges.

BRUNETTI, Circuit Judge:

Patrick Tocher ("Tocher"), the operator of a tow truck business in Santa Ana, California, filed this action against the City of Santa Ana ("City"), alleging that the city's ordinances regulating the automobile towing industry are preempted by 49 U.S.C. § 14501(c). The district court concluded that Santa Ana's tow truck ordinances were preempted by section 14501(c) and entered a judgment permanently enjoining the City of Santa Ana from...

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