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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 00-50462

_____________________
BRENDA L STUCKY, doing business as Bill's Wrecker Service;
RICHARD VILLANEVA, doing business as Creswells 24 Hour Wrecker
Service
Plaintiffs - Counter Defendants - Appellants
v.
CITY OF SAN ANTONIO;
Defendant - Counter Plaintiff - Appellee
TEXAS TOWING CORPORATION
Intervenor Defendant - Counter Plaintiff -
Appellee
________________________________________________________________
Appeal from the United States District Court for the
Western District of Texas, San Antonio
_________________________________________________________________
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
September 17, 2002
Before KING, Chief Judge, and REAVLEY and JONES, Circuit Judges.
PER CURIAM:
In this case, Plaintiffs-Counter Defendants Brenda L. Stucky
and Richard Villaneva, owners of towing companies in San Antonio,
Texas, appealed to this court from the district court's award of
summary judgment on the basis that 49 U.S.C. § 14501(c) does not

preempt certain ordinances prohibiting tow trucks from removing
disabled vehicles from public streets without being directed to do
so by the city and creating an option to extend the city's
exclusive contract with a rival towing company. On review of this
ruling, we reversed the district court's decision and remanded the
case for further proceedings. See Stucky v. City of San Antonio,
260 F.3d 424, 446 (5th Cir. 2001).
Thereafter, the United States Supreme Court granted the
applications for writ of certiorari filed by Defendant-Counter
Plaintiff the City of San Antonio and Intervenor Defendant-Counter
Plaintiff Texas Towing Corporation, vacated our prior judgment, and
ordered the "case remanded to the United States Court of Appeals
for the Fifth Circuit for further consideration in light of City of
Columbus v. Ours Garage and Wrecker Service, Inc., 536 U.S. , 122
S. Ct. 2226, L. Ed. 2d (2002)." City of San Antonio v. Stucky,
U.S. , 122 S. Ct. 2617 (2002).
Pursuant to the Supreme Court's remand, we now remand the case
to the district court for further consideration in light of Ours
Garage, with specific instructions at least to address whether San
Antonio Wrecker Code section 19-391 and City Ordinance 77716 are
appropriately characterized as exercises of the "safety regulatory
authority of a state with respect to motor vehicles," the statutory
exception to 49 U.S.C. § 14501(c) preemption addressed in Ours
Garage, and for disposition.
REMANDED.