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FORD MOTOR CO. v. TEXAS DEPT. OF TRANSP.

No. 00-50750.

264 F.3d 493 (2001)

FORD MOTOR COMPANY, a Delaware Corporation, Plaintiff-Appellant, v. TEXAS DEPARTMENT OF TRANSPORTATION, Motor Vehicle Division, et al., Defendants, Brett Bray, individually and as Director, Chief Executive and Administrative Officer of the Texas Department of Transportation, Motor Vehicle Division, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 27, 2001.

Attorney(s) appearing for the Case

Jon David Ivey (argued), Billy M. Donley, Baker & Hostetler, Houston, TX, for Plaintiff-Appellant.

Gregory Scott Coleman, Brian E. Berwick, Asst. Atty. Gen., Nancy Elizabeth Olinger, Asst. Atty. Gen., Philip Andrew Lionberger, Asst. Sol. Gen. (argued), Austin, TX, for Defendant-Appellee.

Stephen F. Fink, Elizabeth Anne Schartz, Carolyn Ritchie, Thompson & Knight, Dallas, TX, for International Truck and Engine Corp., Amicus Curiae.

Michael Vance Powell (argued), Thomas George Yoxall, William Scott Hastings, Locke Liddell & Sapp, Dallas, TX, for National Automobile Dealers Ass'n, Texas Automobile Dealers Ass'n, Texas Independent Automobile Dealers Ass'n, Texas Motorcycle Dealers Ass'n and RV Dealers of Texas, Amici Curiae.

Before JONES, DEMOSS and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

This case involves Ford Motor Company's ("Ford") attempt to market preowned vehicles in Texas via their internet site known as The Showroom. On November 2, 1999, the Texas Motor Vehicle Division ("the State") filed an administrative complaint against Ford with the Texas Motor Vehicle Board. In the complaint, the State alleged that Ford violated the Texas Motor Vehicle Commission Code ("the Code"), TEX.REV.CIV. STAT. art. 4413(36), §...

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