AMERICAN TRUCKING ASS'N v. N.Y. STATE THRUWAY

No. 14-3348.

795 F.3d 351 (2015)

AMERICAN TRUCKING ASSOCIATIONS, INC., Wadhams Enterprises, Inc., Lightning Express Delivery Service Inc., Ward Transport & Logistics Corp., on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. NEW YORK STATE THRUWAY AUTHORITY, New York State Canal Corporation, Thomas J. Madison, Jr., in his official capacity as Executive Director of the New York State Thruway Authority, Howard Milstein, in his official capacity as Chair of the New York State Thruway Authority/Canal Corporation Boards of Directors, Donna J. Luh, in her official capacity as Vice-Chair of New York State Thruway Authority/Canal Corporation Boards of Directors, E. Virgil Conway, in their official capacities as members of the New York State Thruway Authority/Canal Corporation Boards of Directors, Richard N. Simberg, in their official capacities as members of the New York State Thruway Authority/Canal Corporation Boards of Directors, Brandon R. Sall, in their official capacities as members of the New York State Thruway Authority/Canal Corporation Boards of Directors, J. Rice Donald, Jr., in their official capacities as members of the New York State Thruway Authority/Canal Corporation Boards of Directors, Jose Holguin-Veras, in their official capacities as members of the New York State Thruway Authority/Canal Corporation Boards of Directors, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 4, 2015.


Attorney(s) appearing for the Case

Richard B. Katskee , Mayer Brown LLP, Washington, District of Columbia ( Evan M. Tager , Thomas P. Wolf , Mayer Brown LLP, Washington, District of Columbia; Richard Pianka , ATA Litigation Center, Arlington, Virginia, on the brief), for Plaintiffs-Appellants.

Andrew W. Amend , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General; Cecelia C. Chang , Special Counsel to the Solicitor General; Philip V. Tisne , Assistant Solicitor General; on the brief; for Eric T. Schneiderman , Attorney General of the State of New York), New York, New York, for Defendants-Appellees.

Before: NEWMAN, JACOBS, and CALABRESI, Circuit Judges.


Three commercial trucking companies along with their national trade association and a putative class of commercial truckers ("plaintiffs") sue the New York State Thruway Authority (the "Thruway Authority") under 42 U.S.C. § 1983, alleging that the Thruway Authority charges excessive tolls in violation of the Commerce...

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