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DEPT. OF TRANSP. v. GA. MINING ASSN.

40091, 40374, 40375, 40376.

252 Ga. 128 (1984)

311 S.E.2d 443

DEPARTMENT OF TRANSPORTATION et al. v. GEORGIA MINING ASSOCIATION et al. GEORGIA MINING ASSOCIATION et al. v. DEPARTMENT OF TRANSPORTATION (three cases).

Supreme Court of Georgia.

Rehearing Denied February 16, 1984.

Attorney(s) appearing for the Case

Michael J. Bowers, Attorney General, James P. Googe, Jr., Executive Assistant Attorney General, Marion O. Gordon, First Assistant Attorney General, Roland F. Matson, Senior Assistant Attorney General, Charles M. Richards, Michael E. Hobbs, Assistant Attorneys General, for Department of Transportation et al.

Sutherland, Asbill & Brennan, C. Christopher Hagy, Carey P. DeDeyn, Jacqueline S. Miller, for Georgia Mining Association et al.

CLARKE, Justice.

These cases involve an appeal by the Department of Transportation and its director, Thomas Moreland ("DOT") from an order which found certain exemptions in the highway weight regulations (OCGA § 32-6-26 (b) (Code Ann. § 95A-959)) to be violative of equal protection and enjoined the enforcement of the law as written. The suit was initiated by Georgia Mining Association and mining and trucking companies engaged in the mining, processing, hauling...

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