1- 1 United States Court of Appeals 2 For
09-2901-cv Metropolitan Taxicab Board of Trade v. City of New York 1 UNITED STATES COURT OF APPEALS 2 FOR THE SECOND CIRCUIT 3 4 August Term 2009 5 (Argued: January 22, 2010 Decided: July 27, 2010) 6 Docket No. 09-2901-cv 7 -----------------------------------------------------x 8 METROPOLITAN TAXICAB BOARD OF TRADE; MIDTOWN CAR LEASING 9 CORP.; BATH CAB CORP.; RONART LEASING CORP.; GEID CAB 10 CORP.; LINDEN MAINTENANCE CORP.; and ANN TAXI, INC., 11 12 Plaintiffs-Appellees, 13 14 MIDTOWN OPERATING CORP., SWEET IRENE TRANSPORTATION CO. 15 INC., OSSMAN ALI, and KEVIN HEALY, 16 17 Plaintiffs, 18 19 -- v. -- 20 21 CITY OF NEW YORK; MICHAEL R. BLOOMBERG, in his offical 22 capacity as Mayor of the City of New York; THE NEW YORK 23 CITY TAXICAB & LIMOUSINE COMMISSION; MATTHEW W. DAUS, in 24 his official capacity as Commissioner, Chair, and Chief 25 Executive Officer of the TLC; PETER SCHENKMAN, in his 26 official capacity as Assistant Commissioner of the TLC 27 for Safety & Emissions; ANDREW SALKIN, in his official 28 capacity as First Deputy Commissioner of TLC, 29 30 Defendants-Appellants. 31 -----------------------------------------------------x 32 33 B e f o r e : WALKER, STRAUB, and LIVINGSTON, Circuit 34 Judges. 35 The City of New York, the New York City Taxicab & Limousine 36 Commission, and City officials appeal the grant of a preliminary 37 injunction by the United States District Court for the Southern 38 District of New York (Paul A. Crotty, Judge), that enjoined the 39 enforcement of the City’s recently amended lease rates for -1- 1 taxicabs on the basis that the new rules are likely preempted 2 under the Energy Policy and Conservation Act (“EPCA”), 49 U.S.C.
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