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MASON AND DIXON LINES, INC. v. UNITED STATES

No. 82-5027.

708 F.2d 1043 (1983)

The MASON AND DIXON LINES, INCORPORATED, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 1, 1983.

Attorney(s) appearing for the Case

John Y. Merrell, [Lead Counsel] (argued), John Y. Merrell, Jr., Timothy J. Callahan, Merrell & Callahan, McLean, Va., T. Arthur Scott, Jr., Hunter, Smith & Davis, Edwin O. Norris, Kingsport, Tenn., for plaintiff-appellant.

W. Thomas Dillard, U.S. Atty., Greeneville, Tenn., Guy W. Blackwell, Robert E. Rice, Trial Atty.—Tax Division Dept. of Justice, Washington, D.C., Glenn L. Archer, Jr. [Lead Counsel], Asst. Atty. Gen., Tax Div., U.S. Department of Justice, Ann Durney, Kenneth L. Greene (argued), Michael Paup, Washington, D.C., for defendant-appellee.

Before LIVELY, Circuit Judge, WEICK, Senior Circuit Judge; and ALDRICH, District Judge.

LIVELY, Circuit Judge.

When a trucker is convicted in Virginia of a misdemeanor of operating a vehicle with a weight in excess of the statutory limits he is punished by a fine or imprisonment in jail, or both. Virginia Code §§ 46.1-339 and 46.1-16 (1974 Replacement Volume). In addition § 46.1-342 of the Code provides that upon conviction of any person for violation of a weight limit, state or local officials shall, after reasonable notice, assess the...

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