Legal Opinion
State ex rel. Kline v. Transmasters Towing
Court of Appeals of Kansas
Decided October 5, 2007No. 96,967PublishedCited by 1 opinion
1Opinion of the Court
Buser, J.:
The State of Kansas ex rel. Phill Kline (now Paul J. Morrison), Attorney General (State), appeals the dismissal of its claims under the Kansas Consumer Protection Act (KCPA), K.S.A. 50-623 et seq., against Transmasters Towing and its owner Kevin Raasch (Transmasters). The district court held the KCPA claims were preempted by the Interstate Commerce Commission Termination Act (ICCTA), 49 U.S.C. § 14501(c)(1) (2000). We affirm in part, reverse in part, and remand for further proceedings.
Factual and Procedural Background
In 2005, the State alleged that Transmasters committed multiple…
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