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NAT. TANK TRUCK CARRIERS, INC. v. BURKE

No. 79-1057.

608 F.2d 819 (1979)

NATIONAL TANK TRUCK CARRIERS, INC., Plaintiff, Appellee, v. Edward F. BURKE, Administrator, Rhode Island Division of Public Utilities and Carriers, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 12, 1979.

Attorney(s) appearing for the Case

John M. Roney, with whom John R. McDermott, Sp. Asst. Atty. Gen., and Mann & Roney, Providence, R. I., were on brief, for appellant.

Lawrence W. Bierlein, Washington, D. C., with whom James J. McGair, Providence, R. I., was on brief, for appellee.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, DOOLING, Senior District Judge.

COFFIN, Chief Judge.

Appellant Burke, Administrator of the Rhode Island Division of Public Utilities & Carriers (the Division), appeals from the entry of a preliminary injunction enjoining him from enforcing certain state rules and regulations pertaining to the transportation of liquid energy gases (LEG).

The interstate transportation of such gases is regulated by the United States Department of Transportation (DOT) pursuant to the Hazardous Materials...

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