CONSOLIDATED FREIGHTWAYS CORP. OF DEL. v. KASSEL

No. 79-1709.

612 F.2d 1064 (1979)

CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, a Delaware Corporation, Appellee, v. 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 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, Appellants, Motor Club of Iowa, Intervenor-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 7, 1979.


Attorney(s) appearing for the Case

Brent Appel, First Asst. Atty. Gen., Dept. of Transp., Des Moines, Iowa, for appellants; Lester A. Paff, Asst. Atty. Gen., Ames, Iowa, co-counsel, on brief.

John H. Lederer, DeWitt, McAndrews & Sundby, S. C., Madison, Wis., for appellee; John Duncan Varda and Anthony R. Varda, Madison, Wis., and Terry C. Hancock, Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, Iowa, on brief.

Before LAY, HEANEY and HENLEY, Circuit Judges.


HEANEY, Circuit Judge.

The sole issue on appeal is whether the trial court1 erred in holding that an Iowa law barring the use of trucks longer than sixty feet on Iowa's interstate highways unconstitutionally burdened interstate commerce. Since we find that this case cannot be meaningfully distinguished from Raymond Motor Transportation, Inc. v. Rice, 434 U.S. 429, 98 S.Ct. 787, 54 L.Ed.2d 664 (1978...

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