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SPECIALIZED CARRIERS & RIGGING v. COM. OF VA.

No. 85-2059.

795 F.2d 1152 (1986)

SPECIALIZED CARRIERS & RIGGING ASSOC., Appellant, v. COMMONWEALTH OF VIRGINIA; Harold C. King; R.L. Suthard, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 3, 1986.

Attorney(s) appearing for the Case

Robert B. Walker (Joseph L. Steinfeld, Jr., John R. Sims, Jr., Sims, Walker & Steinfeld, P.C., on brief), for appellant.

John M. McCarthy, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Walter A. McFarlane, Deputy Atty. Gen., Nancyellen Keane, Asst. Atty. Gen., Walter H. Ohar, Special Counsel, on brief), for appellees.

Before WINTER, Chief Judge, and RUSSELL and WIDENER, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

In this action, the plaintiff, Specialized Carriers & Rigging Association (SC & RA), a non-profit incorporated association composed of haulers of heavy and oversized machinery, equipment, building materials and supplies, challenges under both the Supremacy1 and the Commerce Clauses2 the constitutionality of a 1985 amendment of Section 46.1-267 of the Code of Virginia,...

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