AUTOMOBILE CLUB OF NEW YORK, INC. v. DYKSTRA

Docket Nos. 06-1872-cv (L), 06-5243-CV (con).

520 F.3d 210 (2008)

AUTOMOBILE CLUB OF NEW YORK, INC., Plaintiff-Appellee, v. Gretchen DYKSTRA, as commissioner of the Department of Consumer Affairs of the City of New York and City of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: March 24, 2008.


Attorney(s) appearing for the Case

Mordecai Newman, Corporation Counsel of the City of New York, New York, N.Y. (Michael A. Cardozo, Corporation Counsel, Larry A. Sonnenshein, Louise Moed, of counsel, on the brief), for Appellants.

Erach Screwvala, Robinson Brog Leinwand Greene Genovese and Gluck, P.C., New York, N.Y. (Michael F. Fitzgerald, of counsel, on the brief), for Appellee.

Peter B. O'Connell, Albany, N.Y. for Amici Curiae Empire State Towing & Recovery Association, Towing & Recovery Association of America, and Conference of Northeastern Towing Associations in Support of Appellee.

Andrew Leider, New York, N.Y. for Amicus Curiae Metropolitan N.Y. Towing, Auto Body & Salvage Association in Support of Appellee.

Before: MCLAUGHLIN and WESLEY, Circuit Judges, and COGAN, District Judge.


PER CURIAM:

Appellants Dykstra and the City of New York (collectively, the "City"), appeal from orders of the United States District Court for the Southern District of New York (Owen, J.) permanently enjoining the City from enforcing its tow truck licensing Scheme, codified at Title 20, Chapter 2, Subchapter 31 of the Administrative Code of the City of New York (the "Scheme"), against tow operators from outside of...

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