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HOUSTON PROFESSIONAL TOWING v. CITY OF HOUSTON

No. 15-20117.

812 F.3d 443 (2016)

HOUSTON PROFESSIONAL TOWING ASSOCIATION, Plaintiff-Appellant, v. CITY OF HOUSTON, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 3, 2016.

Attorney(s) appearing for the Case

Adam Brandon Allen , Law Office of Adam Allen, Houston, TX, for Plaintiff-Appellant.

Kathleen Hopkins Alsina , Houston, TX, for Defendant-Appellee.

Before JONES and SMITH, Circuit Judges, and FITZWATER, District Judge.

Houston Professional Towing Association ("HPTA") brings its third lawsuit challenging SafeClear, the freeway towing program run by the City of Houston based on amendments to the program made in 2009 and 2011. HPTA contends that the program is preempted by 49 U.S.C. § 14501 and violates its commercial-speech rights...

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