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AMERICAN TRUCKING ASSOCIATIONS, INC. v. LARSON

No. 81-2312.

683 F.2d 787 (1982)

AMERICAN TRUCKING ASSOCIATIONS, INC., Pennsylvania Motor Truck Association, Maryland Motor Truck Association, Coastal Lines, Inc., CRST, Inc., Smith Transfer Corp., Ryder Truck Lines, Inc., Preston Trucking Corp., and Intervenor Steamship Operators Intermodal Committee, Appellees, v. Thomas D. LARSON, Secretary of the Department of Transportation of the Commonwealth of Pennsylvania; Harvey Bartle, III, Attorney General of the Commonwealth of Pennsylvania; Daniel F. Dunn, Commissioner of the Pennsylvania State Police, Appellants.

United States Court of Appeals, Third Circuit.

Decided July 20, 1982.

Attorney(s) appearing for the Case

Michael R. Deckman (argued), Deputy Chief Counsel, P. Dept. of Transp., Harrisburg, Pa., for appellants; Morgan, Lewis & Bockius, Philadelphia, Pa., of counsel.

Arthur R. Littleton (argued), Thomas A. Schneider, Philadelphia, Pa., for appellees, American Trucking Associations, Inc., Pennsylvania Motor Truck Ass'n, Maryland Motor Truck Ass'n, Coastal Lines, Inc., CRST, Inc., Smith Transfer Corp., Ryder Truck Lines, Inc., and Preston Trucking Corp.; Brauner, Baron, Rosenzweig, Kligler, Sparber & Bauman, New York City, of counsel.

Seymour H. Kligler (argued), Mel P. Barkan, New York City, for appellee intervenor Steamship Operators Intermodal Committee.

Edward A. Woolley, Lawless & Woolley, New York City, for amicus curiae Institute of Intern. Container Lessors, Ltd.

Before ADAMS and SLOVITER, Circuit Judges, and VAN ARTSDALEN, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

A Pennsylvania statute, enacted in 1980 as an amendment to its Motor Vehicle Code, requires that all "motor carrier vehicles", i.e., truck, truck tractors, and combinations, whether or not registered in Pennsylvania, must be periodically inspected either under the law of Pennsylvania or some other state. The district court held that this provision imposes an unconstitutional burden on interstate...

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