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METROPOLITAN TAXICAB BD. OF TRADE v. CITY OF NY.

Docket No. 09-2901-cv.

615 F.3d 152 (2010)

METROPOLITAN TAXICAB BOARD OF TRADE; Midtown Car Leasing Corp.; Bath Cab Corp.; Ronart Leasing Corp.; Geid Cab Corp.; Linden Maintenance Corp.; and Ann Taxi, Inc., Plaintiffs-Appellees, Midtown Operating Corp., Sweet Irene Transportation Co. Inc., Ossman Ali, And Kevin Healy, Plaintiffs, v. City Of New York; Michael R. Bloomberg, in his official capacity as Mayor of the City of New York; The New York City Taxicab & Limousine Commission; Matthew W. Daus, in his official capacity as Commissioner, Chair, and Chief Executive Officer of the TLC; Peter Schenkman, in his official capacity as Assistant Commissioner of the TLC for Safety & Emissions; Andrew Salkin, in his official capacity as First Deputy Commissioner of TLC, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 27, 2010.

Attorney(s) appearing for the Case

Elizabeth S. Saylor, (Richard D. Emery and Matthew D. Brinckerhoff, on the brief), Emery Celli Brinckerhoff & Abady LLP, New York, NY, for Plaintiffs-Appellees.

Susan Paulson (Francis F. Caputo, Michael A. Cardozo, Ramin Pejan, and Adam Stolorow, on the brief), Corporation Counsel of the City of New York, for Defendants-Appellants.

Mark B. Stern, Attorney, Appellate Staff, Civil Division, Department of Justice, Washington, D.C. (Robert S. Rivkin, General Counsel, Department of Transportation; Scott Fulton, General Counsel, Environmental Protection Agency; Tony West and Ignacia S. Moreno, Assistant Attorneys General; Preet Bharara, United States Attorney for the Southern District of New York; Jean-David Barnea, Assistant United States Attorney; R. Justin Smith and Peter McVeigh, Attorneys, Environment and Natural Resources Division; H. Thomas Byron, III, Attorney, Appellate Staff, Civil Division, Department of Justice, on the brief), for the United States as Amicus Curiae.

Before WALKER, STRAUB, and LIVINGSTON, Circuit Judges.

JOHN M. WALKER, JR., Circuit Judge:

The Taxicab & Limousine Commission of New York City ("TLC") and several New York City officials (collectively, "the City") appeal the grant of a preliminary injunction by the United States District Court for the Southern District of New York (Paul A. Crotty, Judge), that enjoined the enforcement of the City's revisions to the maximum lease rates for taxicabs that effectively shifted fuel costs from drivers of fleet taxis...

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