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CONSOL. FREIGHTWAYS CORP. OF DEL. v. KASSEL

No. 83-1337.

730 F.2d 1139 (1984)

CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, Appellant, v. Raymond KASSEL, et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 27, 1984.

Attorney(s) appearing for the Case

John Duncan Varda, John H. Lederer, Lisa F. Kane, DeWitt, Sundby, Huggett & Schumacher, S.C., Madison, Wis., Terry C. Hancock, Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, Iowa, for appellant.

Mark E. Schantz, of Dickinson, Throckmorton, Parker, Mannheimer & Raife, Des Moines, Iowa, Lester A. Paff, Asst. Atty. Gen., Dept. of Transp., Ames, Iowa, for appellees.

R. Richard Bittner, Robert D. Lambert, Betty, Neuman, McMahon, Hellstrom & Bittner, Davenport, Iowa, for Motor Club of Iowa.

Before BRIGHT, JOHN R. GIBSON, and FAGG, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Consolidated Freightways Corporation of Delaware was successful in its efforts to have Iowa's statute restricting Consolidated's use of sixty-five foot twin trailers declared invalid as a violation of the Commerce Clause. It now seeks attorney's fees from the State of Iowa under 42 U.S.C. § 1988 (Supp. V 1981), an issue which was bifurcated in the earlier hearing. The district court1 held that Consolidated...

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