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BUNCH v. COBB

21012

273 S.C. 445 (1979)

257 S.E.2d 225

X. O. BUNCH, Jr., President, Santee Cement Carriers, Inc., Dupree Westbury, President, Westbury Trucking Company, Inc., and Aggregate Haulers Conference, Burton N. Lanier, President, Aggregate Haulers, Inc. and Motor Transportation Association of South Carolina, Inc., Individually and as representatives of a class including all other similarly situated, Respondents, v. Paul COBB, as Chief Highway Commissioner of the South Carolina Highway Department, Appellant.

Supreme Court of South Carolina.

July 26, 1979.

Attorney(s) appearing for the Case

Atty. Gen., Daniel R. McLeod, Asst. Atty. Gen., Richard D. Bybee and Staff Atty., William L. Todd, Columbia, for appellant.

Harry M. Lightsey, Jr., Columbia, for respondents.

July 26, 1979.

RHODES, Justice:

At issue in this case is the application of § 56-5-4170, 1976 S.C. Code (Cum. Supp. 1978). This section empowers the South Carolina Department of Highways and Public Transportation (hereinafter the Department) to issue permits which allow oversize and overweight vehicles to travel upon the State's highway system. Lawful weight limits for vehicles operated upon the highways of the...

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