LUFKIN-A Nacogdoches business is suing the city for improperly interfering with their business.

Randy Furra, individually and doing business as Randy Wrecker Service, and Roger McBride, individually and doing business as McBride Towing, filed suit against city of Nacogdoches on Oct. 1 in Nacogdoches County. The defendants removed the case to the federal Eastern District of Texas, Lufkin Division on Oct. 14.

According to the lawsuit, the plaintiffs have been adversely affected by the city's new procedures regarding wrecker companies. Furra and McBride state that the city refused to "grandfather" in their companies and has since improperly refused to place them upon rotation with regard to non-consent tows.

The wrecker company owners state that the city has refused to allow them to charge for tows that are privately arranged and/or are on private property within the city limits.

When the city held the hearing on the proposed changes in procedures for towing within the city limits, Furra and McBride state they were not allowed to participate or be heard, in violation of their due process rights.

Further, the plaintiffs accuse argue the Nacogdoches Police Department has unlawfully and improperly harassed them by charging them with frivolous violations.

The plaintiffs are asking the judge to issue a temporary and permanent injunction enjoining the defendants from continuing the alleged improper conduct and for an award of damages for lost income, adverse impact upon businesses, lost business opportunity, attorney's fees, interest and court costs.

Furra and McBride are represented by Houston attorney Benton Musslewhite.

U.S. District Judge Marcia A. Crone is assigned to the case.

Case No. 9:10-cv-00146

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