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Stucky v. City of San Antonio

The omission of the phrase "political subdivision of a state" demonstrates Congress' clear and manifest intent to preempt municipal safety regulation of the towing industry.

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Appeal from the United States District Court for the Western District of Texas

Plaintiffs-Counter Defendants-Appellants Brenda Stucky and Richard Villaneva, owners of towing companies in San Antonio, Texas, appeal the district court’s grant of summary judgment in favor of Defendant-Counter Plaintiff-Appellee the City of San Antonio and Intervenor Defendant-Counter Plaintiff-Appellee Texas Towing Corporation. For the following reasons, we REVERSE the judgment of the district court and REMAND for further proceedings consistent with this opinion.

I. FACTUAL AND PROCEDURAL BACKGROUND

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