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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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