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AMERICAN TRUCKING ASS'NS v. CITY OF LOS ANGELES

No. 08-56503.

559 F.3d 1046 (2009)

AMERICAN TRUCKING ASSOCIATIONS, INC., Plaintiff-Appellant, v. The CITY OF LOS ANGELES; The Harbor Department of the City of Los Angeles; The Board of Harbor Commissioners of the City of Los Angeles; The City of Long Beach; The Harbor Department of the City of Long Beach; The Board of Harbor Commissioners of the City of Long Beach, Defendants-Appellees, Natural Resources Defense Council; Sierra Club; Coalition for Clean Air, Inc., Defendant-intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 20, 2009.

Attorney(s) appearing for the Case

Christopher C. McNatt Jr., Scopelitis, Garvin, Light, Hanson & Feary, LLP, Pasadena, CA; W. Stephen Cannon, Seth D. Greenstein, Stephen S. Anderson, Jr., Constantine Cannon LLP, Washington, DC; Robert Digges, American Trucking Associations, Inc., Arlington, VA, for the plaintiff-appellant.

C. Jonathan Benner, Troutman Sanders, LLP, Washington, DC; Steven S. Rosenthal, Kaye Scholer LLP, Washington, DC, for the defendants-appellees.

David Pettit, Natural Resources Defense Council, Santa Monica, CA, for the intervenors-appellees.

Karyn A. Booth, Thompson Hine LLP, Washington, DC, for the amicus, The National Industrial Transportation League.

Melissa N. Patterson, Department of Justice, Appellate Staff Civil Division, Washington, DC, for the amicus, the United States of America.

Timothy R. Patterson, Office of the Attorney General of California, Oakland, CA, for the amicus, the State of California.

Jeffrey Bossert Clark, Kirkland & Ellis, LLP, Washington, DC, for the amicus, National Association of Waterfront Employers.

Before ROBERT R. BEEZER, FERDINAND F. FERNANDEZ, and RICHARD A. PAEZ, Circuit Judges.

OPINION

FERNANDEZ, Circuit Judge:

INTRODUCTION

American Trucking Associations, Inc. ("ATA"), a non-profit national trade association for the trucking industry, appeals from the district court's refusal to preliminarily enjoin the implementation of mandatory concession agreements for drayage trucking services at the Port of Los Angeles1 and the Port of Long Beach2 (together the "Ports")....

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