Legal Opinion

Tow Operators Working to Protect Their Right to Operate on the Streets of Kansas City v. City of Kansas City, Missouri

Court of Appeals for the Eighth Circuit

Decided August 4, 2003No. 02-2876PublishedCited by 18 opinions

1Opinion of the Court

LOKEN, Chief Judge.

In the FAA Authorization Act of 1994, Congress sought to equalize competition between air carriers and motor carriers in the transportation of property by uniformly preempting state economic regulation of their activities, but not state safety regulation. The motor carrier provisions are codified at 49 U.S.C. § 14501(c). The statute provides that (i) States and their political subdivisions may not enforce a law “related to a price, route, or service of any motor private carrier ... with respect to the transportation of property,” but (n) this preemptive prohibition “shall…

2Cases cited5 opinions

  1. City of Columbus v. Ours Garage & Wrecker Service, Inc.Supreme Court of the United States · 2002
  2. Tammy Cass v. City of AbileneCourt of Appeals for the Fifth Circuit · 2016
  3. Ace Auto Body & Towing, Ltd. v. City of New YorkCourt of Appeals for the Second Circuit · 1999
  4. R. Mayer of Atlanta, Inc. v. City of AtlantaCourt of Appeals for the Eleventh Circuit · 1998
  5. Harris County Wrecker Owners for Equal Opportunity v. City of HoustonDistrict Court, S.D. Texas · 1996

3Cited by18 opinions

  1. Data Manufacturing, Inc. v. United Parcel Service, Inc.Court of Appeals for the Eighth Circuit · 2009
  2. Vrc LLC v. City of Dallas Don Bearden Marcus Currie Does 1-30, City of DallasCourt of Appeals for the Fifth Circuit · 2006
  3. Independent Towers of Washington v. WashingtonCourt of Appeals for the Ninth Circuit · 2003
  4. Tillison v. City of San DiegoCourt of Appeals for the Ninth Circuit · 2005
  5. Automobile Club of New York, Inc. v. DykstraCourt of Appeals for the Second Circuit · 2008

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