Davis

CALIFORNIA DUMP TRUCK OWNERS ASS'N v. Davis

Good Law
302 F. Supp. 2d 1139·2002 WL 32355691·2002 U.S. Dist. LEXIS 27110
United States District Court, Eastern District of CaliforniaNovember 25, 2002CIV.S-01-517 FCD DADCalifornia2,813 words

Opinion

Opinion

Damrell, J.

MEMORANDUM AND ORDER

Plaintiffs California Dump Truck Owners Association and Southern California Contractors Association brought an action against defendants Gray Davis, in his official capacity as Governor of California, and Bill Lockyer, in his official capacity as Attorney General of California. Specifically, plaintiffs sought a declaratory judgment pursuant to 28 U.S.C. § 2201 that certain provisions of the California Code which authorize municipalities to enact regulations related to motor carriers of property are preempted by the Federal Aviation Administration Authorization Act (“FAAA Act”). 49 U.S.C. § 14501 (c). This matter is before the court on defendants’ motion for reconsideration of this court’s order filed on October 30, 2001, granting judgment on the pleadings to plaintiffs on the ground that the subject code sections were preempted by the FAAA Act. Said order accordingly denied defendants’ cross-motion for judgment on the pleadings. For the reasons set forth below, defendants’ motion for reconsideration is GRANTED, and the court GRANTS IN PART judgment on the pleadings in defendants’ favor.

BACKGROUND

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