CONSOLIDATED FREIGHTWAYS CORP., ETC. v. KASSEL

Civ. No. 78-179-1.

475 F.Supp. 544 (1979)

CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, a Delaware Corporation, Plaintiff, v. Raymond KASSEL, Raymond Kassel, Individually and in his capacity as Director of Transportation, Robert Rigler, Individually, and in his capacity as a member and Chairman of the Transportation Commission, L. Stanley Schoelerman, Individually, and in his capacity as a member of the Transportation Commission, Donald Gardner, Individually, and in his capacity as a member of the Transportation Commission, Jules Busker, Individually, and in his capacity as a member of the Transportation Commission, Allan Thoms, Individually, and in his capacity as a member of the Transportation Commission, Barbara Dunn, Individually, and in her capacity as a member of the Transportation Commission, William McGrath, Individually, and in his capacity as a member of the Transportation Commission, Jon McCoy, Individually, and in his capacity as Director of the Motor Vehicle Division, Charles W. Larson, Individually, and in his capacity as Commissioner of the Department of Public Safety, Edward Dickinson, Individually, and in his capacity as Chief of the Iowa Highway Patrol, Richard C. Turner, Individually, and in his capacity as Attorney General, and Robert D. Ray, Individually, and in his capacity as Governor, Defendants. Motor Club of Iowa, Defendant Intervenor.

United States District Court, S. D. Iowa, C. D.

August 16, 1979.


Attorney(s) appearing for the Case

Anthony R. Varda, John Varda, John H. Lederer, Jon P. Axelrod, DeWitt, McAndrews & Porter, S. C., Madison, Wis., Kent M. Forney, Cecil L. Goettsch, John C. Cortesio, Jr., Terry C. Hancock, Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, Iowa, for plaintiff.

Robert W. Goodwin, Sp. Asst. Atty., Lester A. Paff and Dennis D. Hogan, Asst. Attys. Gen., and General Counsel to Dept. of Tr., Ames, Iowa, for defendants.

R. Richard Bittner, Robert D. Lambert, Betty, Neuman, McMahon, Hellstrom & Bittner, Davenport, Iowa, for defendant intervenor.


MEMORANDUM OPINION AND ORDER.

STUART, Chief Judge.

This is an action for declaratory and injunctive relief brought by Consolidated Freightways Corporation of Delaware (CF). It seeks to have Section 321.457(6) of the Iowa Code, which limits a combination of three vehicles coupled together to 60 feet, declared to be an unconstitutional burden on interstate commerce. It also alleges that certain exceptions to that limitation found in the statutes, departmental...

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