ASSOC. OF TAXICAB OPERATORS USA v. CITY OF DALLAS

No. 12-10470.

720 F.3d 534 (2013)

ASSOCIATION OF TAXICAB OPERATORS USA, Plaintiff-Appellant v. CITY OF DALLAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 13, 2013.


Attorney(s) appearing for the Case

Kelly Dean Hollingsworth , Attorney, Travis, Calhoun & Conlon, P.C., Dallas, TX, for Plaintiff-Appellant.

Barbara Elaine Rosenberg, Esq. , Christopher John Caso, Esq. , Assistant City Attorney, City Attorney's Office, Michael Forest Nelson, Esq. , Burt Barr & Associates, L.L.P., Dallas, TX, for Defendant-Appellee.

Before JONES, DENNIS, and HIGGINSON, Circuit Judges.


HIGGINSON, Circuit Judge:

The City of Dallas, Texas ("Dallas" or the "City") enacted an ordinance offering taxicabs certified to run on compressed natural gas ("CNG") a "head-of-the-line" privilege at a municipally-owned airport, Love Field. The measure permits certified CNG-fueled taxicabs to "cut" ahead of gasoline-powered taxis in the queue for soliciting passengers at Love Field. The Association of Taxicab Operators, USA ("ATO"), which represents cab operators...

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