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KASSEL v. CONSOLIDATED FREIGHTWAYS CORP.

No. 79-1320.

450 U.S. 662 (1981)

KASSEL, DIRECTOR OF TRANSPORTATION, ET AL. v. CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE.

Supreme Court of United States.

Decided March 24, 1981.

Attorney(s) appearing for the Case

Mark E. Schantz, Solicitor General of Iowa, argued the cause for appellants. With him on the briefs were Thomas J. Miller, Attorney General, Robert W. Goodwin, Special Assistant Attorney General, and Lester A. Paff, Assistant Attorney General.

John H. Lederer argued the cause for appellee. With him on the brief were John Duncan Varda and Anthony R. Varda.*

JUSTICE POWELL announced the judgment of the Court and delivered an opinion, in which JUSTICE WHITE, JUSTICE BLACKMUN, and JUSTICE STEVENS joined.

The question is whether an Iowa statute that prohibits the use of certain large trucks within the State unconstitutionally burdens interstate commerce.

I

Appellee Consolidated Freightways Corporation of Delaware (Consolidated) is one of the largest common carriers in

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