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CAPITOL CITY TOWING & RECOVERY INC. v. STATE, DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS

No. 2003 CA 0647.

873 So.2d 706 (2004)

CAPITOL CITY TOWING & RECOVERY INC.; Blackjack Towing, Inc.; Tow Power, Inc.; and Yvonne E. Reed v. STATE of Louisiana, through the DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, Office of State Police—Towing and Recovery Unit; Office of State Police—Troop A; and Sgt. R. Wayne Ryland.

Court of Appeal of Louisiana, First Circuit.

February 23, 2004.

Attorney(s) appearing for the Case

Yvonne Reed, Vincent DeSalvo, Jack Harris, Baton Rouge, for Appellee Plaintiff Capitol City Towing & Recovery, Inc., et al.

Michael C. Barron, Baton Rouge, for Appellant Defendant La. Dept. of Public Safety & Corrections Office of the State Police.

Paul Schnexnayder, Baton Rouge, for Appellant Defendant La. Dept. of Public Safety & Corrections Office of State Police.

David C. Kimmel, Baton Rouge, for Appellant Defendant La. Dept. of Public Safety & Corrections Office of State Police.

Panel composed of Judges FRANK FOIL, BRADY M. FITZSIMMONS and EDWARD J. GAIDRY.

FOIL, J.

This appeal challenges a trial court's determination that numerous Louisiana statutes regulating the towing/storage industry, as well as regulations promulgated pursuant to those statutes, are preempted by federal law. We reverse that ruling, finding that all of the challenged provisions are exempt from preemption by the exceptions provided for in the federal statute.

BACKGROUND

In 1996, Yvonne Reed and one or more of the towing companies...

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