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PROGRESSIVE CREDIT UNION v. CITY OF NEW YORK

No. 17-1251-cv August Term 2017.

889 F.3d 40 (2018)

PROGRESSIVE CREDIT UNION, Taxi Medallion Owner Driver Association, Inc., League Of Mutual Taxi Owners, Inc., KL Motors, Inc., Safini Transport, Inc., White & Blue Group Corp., Fima Service Co., Inc., Carl Ginsberg, and Joseph Itzchaky, Plaintiffs-Appellants, Melrose Credit Union, Lomto Federal Credit Union, Plaintiffs, v. CITY OF NEW YORK, New York City Taxi & Limousine Commission, and Chair Meera Joshi, in her official capacity as Chair of the New York City Taxi & Limousine Commission, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 1, 2018.

Attorney(s) appearing for the Case

Todd A. Higgins , Crosby & Higgins LLP, New York, N.Y., for appellants Progressive Credit Union, Taxi Medallion Owner Driver Association, Inc., League of Mutual Taxi Owners, Inc., KL Motors, Inc., Safini Transport Inc., White & Blue Group Corp., FIMA Service Co., Inc., Carl Ginsberg, and Joseph Itzchaky.

MacKenzie Fillow ( Scott Shorr , Richard Dearing , on the brief), for Zachary W. Carter , Corporation Counsel of the City of New York, New York, N.Y., for appellees City of New York, New York City Taxi & Limousine Commission, and Chair Meera Joshi, in her official capacity as the Chair of the New York City Taxi & Limousine Commission.

Before: JACOBS, SACK, and PARKER, Circuit Judges.

This appeal requires us to decide whether New York City's regulatory regime for the for-hire ground transportation industry violates the United States Constitution by subjecting yellow medallion taxicabs to different regulatory requirements than those imposed upon "for-hire vehicles," such as services like Uber...

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