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DIRECT AUTO. IMPORTS ASS'N, INC. v. TOWNSLEY

No. 85-2773.

804 F.2d 1408 (1986)

DIRECT AUTOMOBILE IMPORTS ASSOCIATION, INC., Pace Imports, Inc., Intercol Corporation and Texas Coach Company, Plaintiffs-Appellees, v. Bob TOWNSLEY, Mark Goode, and Jim Mattox, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 5, 1986.

Attorney(s) appearing for the Case

Eliot Shavin, Asst. Atty. Gen., Dallas, Tex., Mary F. Keller, Delmar L. Cain, Austin, Tex., for Townsley, Goode and Mattox.

Richard Frankel, Houston, Tex., Joseph E. Innamorati, Montvale, N.J., for amicus curiae Mercedes-Benz of North America.

Van E. McFarland, McFarland & Tondre, Houston, Tex., for Direct Auto. Imports and Pace Imports.

David C. Godbey, Dallas, Tex., for amicus curiae Texas Auto. Dealers Ass'n.

Before POLITZ, RANDALL and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The appellants appeal from the district court's grant of a preliminary injunction, enjoining the enforcement of H.B. 1805, a Texas statute regulating gray market automobiles (imported automobiles not originally designed for the U.S. market). The district court premised its grant of the injunction on its findings that the Texas statute was preempted by provisions of two federal statutes: the Clean Air Act, 42 U.S.C. §§ 7401...

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