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PROF'L TOWING & RECOVERY OPERATORS OF IL v. BOX

Case No. 08-cv-4096.

965 F.Supp.2d 981 (2013)

PROFESSIONAL TOWING & RECOVERY OPERATORS OF ILLINOIS, et al., Plaintiffs, v. Charles E. BOX, in his official capacity as Chairman of the Illinois Commerce Commission & Transportation Division, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

August 16, 2013.

Attorney(s) appearing for the Case

Donald S. Rothschild , Brian Michael Dougherty , Goldstine, Skrodzki, Russian, Nemec & Hoff, Ltd., Burr Ridge, IL, Michael P. McGovern , The McGovern Law Firm, Knoxville, TN, for Plaintiffs.

Thomas A. Ioppolo , Chicago, IL, Alice Elizabeth Keane , Michael T. Dierkes , Illinois Attorney General's Office, Chicago, IL, for Defendant.

MEMORANDUM OPINION

ROBERT M. DOW, JR., District Judge.

The parties' cross-motions for summary judgment ask the Court to decide whether Illinois' Commercial Safety Towing Law (Towing Law), 625 ILCS 5/18d-101, et seq. is preempted in whole or in part by the Federal Aviation Administration Act of 1994 (FAAAA), as amended by the Interstate Commerce Commission Termination Act, 49 U.S.C. § 14501(c), because the it has "the force and effect of law related...

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