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TRUCK SAFETY EQUIPMENT INSTITUTE v. KANE

Civ. No. 75-636.

419 F.Supp. 688 (1976)

TRUCK SAFETY EQUIPMENT INSTITUTE, an Illinois not-for-profit Corporation, et al., Plaintiffs, v. Robert KANE, Attorney General, Commonwealth of Pennsylvania, et al., Defendants.

United States District Court, M. D. Pennsylvania.

September 16, 1976.

Attorney(s) appearing for the Case

Lawrence F. Henneberger, William B. Sullivan, Michael M. Eaton, Robert W. Green, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D. C., G. Thomas Miller, McNees, Wallace & Nurick, Harrisburg, Pa., for plaintiffs.

Anthony J. Maiorana, Roger T. Shoop, Michael R. Deckman, Asst. Attys. Gen., Pa. Dept. of Transp., Commonwealth of Pennsylvania, Harrisburg, Pa., for defendants.

MEMORANDUM AND ORDER

HERMAN, District Judge.

Presently before the court are cross motions for summary judgment filed by plaintiffs and defendants in the above-captioned case in which plaintiffs seek declaratory and injunctive relief. Both motions are filed pursuant to Federal Rule of Civil Procedure 56 together with supporting affidavits1 and relate only to Count 1 of plaintiffs' two-count complaint, concerning an issue of preemption...

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