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NATIONAL FREIGHT, INC. v. LARSON

No. 84-5388.

760 F.2d 499 (1985)

NATIONAL FREIGHT, INC., Dart Transit Company, Owens-Illinois, Inc., Continental Can Company, Inc. v. Thomas D. LARSON, Secretary of Transportation; Daniel Dunn, Commissioner of Pennsylvania State Police; LeRoy S. Zimmerman, Attorney General; Richard Thornburgh, Governor, Appellants.

United States Court of Appeals, Third Circuit.

Decided April 23, 1985.

Attorney(s) appearing for the Case

LeRoy S. Zimmerman, Atty. Gen., James J. Kutz, Deputy Atty. Gen. (argued) Andrew S. Gordon, Allen C. Warshaw, Sr. Deputy Attys. Gen., Michael J. McCaney, Jr., Asst. Counsel, Office of Atty. Gen., Harrisburg, Pa., for appellants.

John Duncan Varda, John H. Lederer (argued), DeWitt, Sundby, Huggett, Schumacher & Morgan, S.C., Madison, Wis., for appellees.

Before GARTH, BECKER and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

Historically, subject to the strictures of the commerce clause of the federal constitution, states have regulated the speed, safety and travel of vehicles on their public highways, including the regulation of truck size and the overall length of semi-trailer combinations. In 1982, Congress ventured into this area of highway regulation by enacting the Surface Transportation Assistance Act of 1982 (STAA), 49 U.S...

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