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LYNDEN TRANSPORT, INC. v. STATE

Nos. 2100 and 2114-2117.

532 P.2d 700 (1975)

LYNDEN TRANSPORT, INC., et al., Appellants, v. STATE of Alaska et al., Appellees. STATE of Alaska and Alaska Transportation Commission et al., Cross-Appellants, v. LYNDEN TRANSPORT, INC., et al., Cross-Appellees. Howard and Alice BAYLESS et al., Cross-Appellants, v. LYNDEN TRANSPORT, INC., et al., Cross-Appellees. ALASKA TRUCK TRANSPORT, INC., Cross-Appellant, v. LYNDEN TRANSPORT, INC., et al., Cross-Appellees. SOURDOUGH EXPRESS, INC., et al., Cross-Appellants, v. LYNDEN TRANSPORT, INC., et al., Cross-Appellees.

Supreme Court of Alaska.

February 24, 1975.

Attorney(s) appearing for the Case

Milton M. Souter, Anchorage, for appellant and cross-appellee Lynden Transport, Inc.

H. John DeNault, III, Rice, Hoppner, Blair & Hedland, Fairbanks, for appellees H & S Warehouse, Inc. and Charles A. Powell.

John M. Stern, Jr., Anchorage, for appellee and cross-appellant Alaska Truck Transport, Inc.

Roger A. McShea, Anchorage, for appellees and cross-appellants Howard and Alice Bayless, Richard, Robert and Ellis Roberts.

George L. Benesch, Anchorage, for appellees and cross-appellants Sourdough Express and Mukluk Freight Lines.

Allen McGrath, Graham & James, Anchorage, amicus curiae for Arctic Motor Freight, Inc.

Timothy G. Middleton, Asst. Atty. Gen., Anchorage, and Norman C. Gorsuch, Atty. Gen., for appellee and cross-appellant State of Alaska and Alaska Transportation Commission.

Before RABINOWITZ, C.J., and CONNOR, ERWIN, BOOCHEVER and FITZGERALD, JJ.

BOOCHEVER, Justice.

This appeal involves the constitutionality of certain amendments to the Alaska Motor Freight Carrier Act, AS 42.10.030 et seq. which were enacted by the state legislature in 1972 and which became effective on September 9 of that year. The amendments added new subsections (d), (e) and (f) to AS 42.10.130 granting certain resident "grandfather" carriers intrastate operating authority coextensive with the carriers' Alaska interstate operating authority...

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