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STUCKY v. CITY OF SAN ANTONIO

No. 00-50462.

307 F.3d 315 (2002)

Brenda L. STUCKY, doing business as Bill's Wrecker Service; Richard Villaneva, doing business as Creswells 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.

September 17, 2002.

Attorney(s) appearing for the Case

Jonathan E. Bruce (argued), Livingston & Associates, Houston, TX, for Stucky and Villaneva.

Deborah Lynne Klein (argued), San Antonio, TX, Jacqueline Marie Stroh, Crofts & Callaway, 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 Touring Corp.

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

PER CURIAM:

In this case, Plaintiffs-Counter Defendants Brenda L. Stucky and Richard Villaneva, owners of towing companies in San Antonio, Texas, appealed to this court from the district court's award of summary judgment on the basis that 49 U.S.C. § 14501(c) does not preempt certain ordinances prohibiting tow trucks from removing disabled vehicles from public streets without being directed to do so by the city and creating an option to extend the city's exclusive...

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