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QUIMBY v. TEXAS DEPT. OF TRANSP.

No. 03-99-00266-CV.

10 S.W.3d 778 (2000)

Richard QUIMBY d/b/a Rescue Towing, Appellant, v. TEXAS DEPARTMENT OF TRANSPORTATION, Appellee.

Court of Appeals of Texas, Austin.

January 13, 2000.

Attorney(s) appearing for the Case

James O. Houchins, Law Offices of James O. Houchins, Austin, TX, for Appellant.

Ronda Leigh Neff, Assistant Attorney General, Transportation Division, Austin, TX, for Appellee.

BEFORE: Chief Justice ABOUSSIE, Justices B.A. SMITH and YEAKEL.

LEE YEAKEL, Justice.

This appeal arises from a dispute between appellant Richard Quimby, a licensed tow truck operator, and appellee Texas Department of Transportation ("TxDOT") concerning the construction and enforcement of a provision of the Texas Motor Carrier Rules and Regulations setting forth the requirements for the release of a motor vehicle from a vehicle storage facility ("VSF") to a tow truck operator. See 43 Tex.Admin.Code § 18.92(a)(2) (1999...

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