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ASSOCIATION OF CAR WASH OWNERS INC. v. CITY OF NY

Docket Nos. 17-1849-cv (L), 17-3476-cv (XAP) August Term, 2017.

911 F.3d 74 (2018)

ASSOCIATION OF CAR WASH OWNERS INC., Zoom Car Spa, LLC, and Five Star Hand Wash LLC, Plaintiffs-Appellees-Cross-Appellants, v. CITY OF NEW YORK and Lorelei Salas, in Her Official Capacity as Commissioner of the New York City Department of Consumer Affairs, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 12, 2018.

Attorney(s) appearing for the Case

JOHN S. SUMMERS ( Rebecca S. Melley , Andrew M. Erdlen , on the brief), Hangley Aronchick Segal Pudlin & Schiller, Philadelphia, PA, and Michael A. Cardozo , Proskauer Rose LLP, New York, NY, for Plaintiffs-Appellees-Cross-Appellants Association of Car Wash Owners Inc., Zoom Car Spa, LLC, and Five Star Hand Wash LLC.

INGRID R. GUSTAFSON ( Richard Dearing , on the brief), on behalf of Zachary W. Carter , Corporation Counsel of the City of New York, New York, NY, for Defendants-Appellants-Cross-Appellees City of New York and Lorelei Salas, in her official capacity as Commissioner of the New York City Department of Consumer Affairs.

Before: Hall and Lynch, Circuit Judges, and Kuntz, District Judge.

This appeal calls on us to consider whether the National Labor Relations Act ("NLRA"), 29 U.S.C. § 151 et seq., preempts New York City Local Law 62 for the Year 2015, entitled the Car Wash Accountability Law, codified at N.Y.C. Admin. Code §§ 20-539 through 20-546, 24-529 (the "Car Wash...

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