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FLEET TRANSPORT CO. v. TENN. PUBLIC SERV. COM'N

545 S.W.2d 4 (1976)

FLEET TRANSPORT COMPANY, INC., et al., Appellants-Plaintiffs, v. TENNESSEE PUBLIC SERVICE COMMISSION et al., Appellees-Defendants.

Supreme Court of Tennessee.

December 28, 1976.

Attorney(s) appearing for the Case

R. Dale Woodall, Memphis, for appellants-plaintiffs.

Eugene W. Ward, Public Service Commission, A.O. Buck, Roland M. Lowell, William C. Koch, Jr., Asst. Atty. Gen., Nashville, for appellees-defendants; Brooks McLemore, Atty. Gen., Nashville, of counsel.

OPINION

HARBISON, Justice.

This action was brought to challenge the constitutionality of Chapter 349 of the Public Acts of 1975. This statute amended that portion of T.C.A. § 65-1503(e) which placed under the Public Service Commission certain commercial haulers of petroleum products and other hazardous materials. The amendment purported to benefit carriers which had been engaged in bona fide operations as of May 17, 1971. As construed by the Chancellor...

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