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INTERNATIONAL TRUCK AND ENGINE CORP. v. BRAY

No. 03-50479.

372 F.3d 717 (2004)

INTERNATIONAL TRUCK AND ENGINE CORPORATION, Plaintiff-Appellant, v. Brett BRAY, In his official capacity as the Director of the Motor Vehicle Division of the Texas Department of Transportation and Chief Executive and Administrative Officer of the Motor Vehicle Board of the Texas Department of Transportation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 3, 2004.

Attorney(s) appearing for the Case

Stephen F. Fink (argued), Bryan Patrick Neal, Thompson & Knight, Dallas, TX, for Plaintiff-Appellant.

Brian E. Berwick, Nancy Elizabeth Olinger, Kristen L. Worman (argued), Asst. Attys. Gen., Austin, TX, for Defendant-Appellee.

Martin D. Beirne, Beirne, Maynard & Parsons, Houston, TX, for Freightliner, LLC, Amicus Curiae.

Before KING, Chief Judge, and BENAVIDES and CLEMENT, Circuit Judges.

BENAVIDES, Circuit Judge:

Plaintiff-Appellant International Truck and Engine Corporation, a manufacturer of medium- and heavy-duty trucks, operates two used truck centers at which it sells trucks of the kind it manufactures. Defendant-Appellee Brett Bray is Director of the Motor Vehicle Division of the Texas Department of Transportation, the agency responsible for regulating sales of motor vehicles in Texas. Since 1999, the

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