TOW OPERATORS v. CITY OF KANSAS CITY, MO.

No. 02-2876.

338 F.3d 873 (2003)

TOW OPERATORS WORKING TO PROTECT THEIR RIGHT TO OPERATE ON THE STREETS OF KANSAS CITY, et al., Plaintiffs-Appellants, v. CITY OF KANSAS CITY, MISSOURI, et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 4, 2003.


Attorney(s) appearing for the Case

Michael P. McGovern, argued, Knoxville, TN, for appellants.

Douglas M. McMillian, argued, Kansas City, MO, for appellees.

Before LOKEN, RILEY, and SMITH, Circuit Judges.


LOKEN, Chief Judge.

In the FAA Authorization Act of 1994, Congress sought to equalize competition between air carriers and motor carriers in the transportation of property by uniformly preempting state economic regulation of their activities, but not state safety regulation. The motor carrier provisions are codified at 49 U.S.C. § 14501(c). The statute provides that (i) States and their political subdivisions may not enforce a law "related to a price, route,...

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