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PRIVATE TRUCK COUNCIL OF AMERICA v. STATE

No. 86-088.

128 N.H. 466 (1986)

PRIVATE TRUCK COUNCIL OF AMERICA, INC. & a. v. THE STATE OF NEW HAMPSHIRE & a.

Supreme Court of New Hampshire.

August 12, 1986.

Attorney(s) appearing for the Case

Richard A. Allen, of Washington, D.C., and Sullivan, Gregg & Horton, of Nashua (Richard A. Allen & a. on the briefs, and Mr. Allen orally), for the plaintiffs.

Stephen E. Merrill, attorney general (Ronald F. Rodgers, senior assistant attorney general, on the brief and orally), for the State and the defendant State officials.

JOHNSON, J.

In this interlocutory transfer without ruling, the plaintiffs challenge the constitutionality of former RSA 260:53 (repealed by Laws 1985, 383:2, effective July 1, 1985) in an action by and on behalf of various out-of-state motor carriers. The plaintiffs contend that the statute violated both the commerce clause and the privileges and immunities clause of the United States Constitution because it discriminated...

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