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NATIONAL FREIGHT, INC. v. LARSON

Civ. A. No. 83-1733.

583 F.Supp. 1461 (1984)

NATIONAL FREIGHT, INC., a New Jersey corporation; Dart Transit Company, a Minnesota corporation; Owens — Illinois, Inc., an Ohio corporation; and Continental Can Company, Inc., a Delaware corporation, Plaintiffs, v. Thomas D. LARSON, Secretary of Transportation; Col. Daniel F. Dunn, Commissioner of State Police; Leroy S. Zimmerman, Attorney General; and Hon. Richard Thornburgh, Governor, Defendants.

United States District Court, M.D. Pennsylvania.

As Amended April 16, 1984.

Attorney(s) appearing for the Case

John Duncan Varda, DeWitt, Sundby, Huggett, Schumacher & Morgan, S.C., Madison, Wis., Jack M. Stover, Shearer, Mette & Woodside, Harrisburg, Pa., for plaintiffs.

Robert B. Hoffman, Deputy Atty. Gen., Harrisburg, Pa., for defendants.

MEMORANDUM

HERMAN, District Judge.

I. INTRODUCTION

Before us are the parties' cross-motions for summary judgment. Plaintiffs are interstate shippers and carriers who desire to use 53-foot truck trailers throughout Pennsylvania without any limitations on the length of the truck tractor. Defendants argue that, pursuant to Pennsylvania's most recent amendment to its Vehicle Code,1

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