UNITED STATES v. STATE OF CONN.

Civ. No. H-83-445.

566 F.Supp. 571 (1983)

UNITED STATES of America, Elizabeth Hanford Dole, Secretary of the Department of Transportation, and R.A. Barnhart, Administrator of the Federal Highway Administration v. STATE OF CONNECTICUT, William A. O'Neill, in his official capacity as Governor of Connecticut, Joseph I. Lieberman, in his official capacity as Attorney General of Connecticut, Lester Forst, in his official capacities as Acting Commissioner of State Police of Connecticut and Commissioner of Public Safety of Connecticut, J. William Burns, in his official capacity as Commissioner of Transportation of Connecticut, Benjamin A. Muzio, in his official capacity as Commissioner of Motor Vehicles of Connecticut.

United States District Court, D. Connecticut.

June 13, 1983.


Attorney(s) appearing for the Case

Mark C. Rutzick, Civ. Div., J. Paul McGrath, Asst. Atty. Gen., U.S. Dept. of Justice, Washington, D.C., Alan H. Nevas, U.S. Atty., Albert S. Dabrowski, Asst. U.S. Atty., D. Conn., Hartford, Conn., David J. Anderson, Robert D. Nesler, U.S. Dept. of Justice, Kenneth N. Weinstein, Cleveland Thornton, U.S. Dept. of Transp., Washington, D.C., Donald L. Ivers, Chief Counsel, Federal Highway Admin., Washington, D.C., for plaintiffs.

Joseph I. Lieberman, Atty. Gen., Elliot F. Gerson, Deputy Atty. Gen., State of Conn., Arnold K. Shimelman, Susan T. Pearlman, Elena S. Boisvert, Katherine Mobley, Francis MacGregor, Kenneth Graham, MaryAnne Mulholland, Hartford, Conn., Phyllis E. Lemell, New Britain, Conn., Asst. Attys. Gen., Henry Cohn, Sp. Asst. Atty. Gen., Neil G. Fishman, Staff Atty., Rochelle Homelson, Legal Asst., Kyle Ballou, Bernard David, Law Clerks, Hartford, Conn., for defendants.


RULING ON MOTION FOR PRELIMINARY INJUNCTION

JOSE A. CABRANES, District Judge:

The United States seeks a preliminary injunction barring enforcement by the defendant State of Connecticut of its recently enacted statute prohibiting so-called "tandem trailers" on Connecticut highways. In support of its motion, the United States asserts that Connecticut's statute is preempted by an act of Congress, the Surface Transportation Assistance Act of 1982, 49 U.S.C....

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