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STATE EX REL. KLINE v. TRANSMASTERS TOWING

No. 96,967.

168 P.3d 60 (2007)

STATE of Kansas ex rel. Phill KLINE, Attorney General, Appellant, v. TRANSMASTERS TOWING and Kevin Raasch, Appellees.

Court of Appeals of Kansas.

October 5, 2007.

Attorney(s) appearing for the Case

John Christopher Pryor, assistant attorney general, and Bryan J. Brown, deputy attorney general, for appellant.

David W. Hauber and Nicholas J. Porto, of Baty, Holm & Numrich, P.C., of Kansas City, Missouri, for appellees.

Before MALONE, P.J., BUSER and LEBEN, JJ.

BUSER, J.

The State of Kansas ex rel. Phill Kline (now Paul J. Morrison), Attorney General (State), appeals the dismissal of its claims under the Kansas Consumer Protection Act (KCPA), K.S.A. 50-623 et seq., against Transmasters Towing and its owner Kevin Raasch (Transmasters). The district court held the KCPA claims were preempted by the Interstate Commerce Commission Termination Act (ICCTA), 49 U.S.C. § 14501(c)(1) (2000). We affirm in part, reverse...

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