UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ______________________

No. 98-10551 ______________________ AJ’S WRECKER SERVICE, INC; VEHICLE REMOVAL CORP.; ELITE TOWING, INC.; NORTH TEXAS TOWING SERVICE, INC.;

Plaintiffs-Appellants, versus CITY OF DALLAS TEXAS; MICHAEL MARCOTTE, Director, Individually and in His Official Capacity; BEN CLICK, The Chief of Police of the City of Dallas, Individually and in His Official Capacity, Defendants-Appellees. ____________________________________________ AJ’S WRECKER SERVICE, INC; VEHICLE REMOVAL CORP.; ELITE TOWING, INC.; NORTH TEXAS TOWING SERVICE, INC.; Plaintiffs, versus CITY OF DALLAS TEXAS; CATHY TOLER, Individually and in Her official Capacity; SAM LINDSAY, Individually and in His Official Capacity,

Defendants-Appellees. __________________________________________________________________

Appeal from the United States District Court for the Northern District of Texas (3:97-CV-1311-D) ___________________________________________________________________

November 5, 1999 Before DUHÉ, BARKSDALE, and DENNIS, Circuit Judges:

PER CURIAM:*

* Pursuant to 5th Cir. Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. Rule Based upon our review of the record and the briefs, we conclude that the district court did not abuse its discretion in denying the preliminary injunction at

issue. Of course, in so holding, we do not express an opinion on the merits of this

action, including the underlying statutory issues. AFFIRMED

47.5.4.