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STUCKY v. CITY OF SAN ANTONIO

No. 00-50462.

260 F.3d 424 (2001)

Brenda L. STUCKY, doing business as Bill's Wrecker Service; Richard Villaneva, doing business as Creswell's 24 Hour Wrecker Service, Plaintiffs-Counter Defendants-Appellants, v. CITY OF SAN ANTONIO, Defendant-Counter Plaintiff-Appellee, Texas Towing Corporation, Intervenor Defendant-Counter Plaintiff-Appellee.

United States Court of Appeals, Fifth Circuit.

July 30, 2001.

Attorney(s) appearing for the Case

Jonathan E. Bruce (argued), Livingston & Associates, Houston, TX, for Plaintiff-Appellants.

Deborah Lynne Klein (argued), San Antonio, TX, for City of San Antonio.

William Alan Wright, Debra Janece McComas (argued), Haynes & Boone, Dallas, TX, Kent Geoffrey Rutter, Patrice Pujol, Haynes & Boone, Houston, TX, for Texas Towing Corp.

Before KING, Chief Judge, and REAVLEY and JONES, Circuit Judges.

KING, Chief Judge:

Plaintiffs-Counter Defendants-Appellants Brenda Stucky and Richard Villaneva, owners of towing companies in San Antonio, Texas, appeal the district court's grant of summary judgment in favor of Defendant-Counter Plaintiff-Appellee the City of San Antonio and Intervenor Defendant-Counter Plaintiff-Appellee Texas Towing Corporation. For the following reasons, we REVERSE the judgment of the district court and REMAND for further proceedings consistent...

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