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NAVAJO FREIGHT LINES, INC. v. BIBB

Civ. A. No. 2438.

159 F.Supp. 385 (1958)

NAVAJO FREIGHT LINES, Inc., a New Mexico corporation, Ringsby Truck Lines, Inc., a Nebraska corporation, Prucka Transportation, Inc., a Nebraska corporation, Denver Chicago Trucking Co., Inc., a Nebraska corporation, Watson Bros. Transportation Co., Inc., a Nebraska corporation, and Pacific Intermountain Express Co., a Nevada corporation, Plaintiffs, and Arkansas-Best Freight System, Inc., an Arkansas corporation, Intervenor, v. Joseph D. BIBB, Director of the Department of Public Safety of the State of Illinois, and William H. Morris, Superintendent of the Division of State Highway Police, Department of Public Safety of the State of Illinois, Defendants.

United States District Court S. D. Illinois, S. D.

February 26, 1958.

Attorney(s) appearing for the Case

Axelrod, Goodman & Steiner, Chicago, Ill., for plaintiffs.

Mack Stephenson and Melvin N. Routman, Springfield, Ill., Harper, Harper & Young, Fort Smith, Ark., for Arkansas Best-Freight Lines, Inc., intervenor.

Latham Castle, Atty. Gen., by Richard W. Husted, Asst. Atty. Gen., for defendants.

Before MAJOR, Circuit Judge, and BRIGGLE and MERCER, District Judges.

MAJOR, Circuit Judge.

Plaintiffs instituted this proceeding, praying for a declaratory judgment that Sec. 121.02 of the Uniform Act Regulating Traffic on Highways, being Sec. 218 b of Chap. 95½, as amended (Ill.Rev. Stat.), effective July 8, 1957 (hereinafter referred to as the Act), be held unconstitutional and void, and that defendants be enjoined from enforcing or instituting proceedings against plaintiffs under...

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