PRIVATE TRUCK COUNCIL v. SECRETARY OF STATE


503 A.2d 214 (1986)

PRIVATE TRUCK COUNCIL OF AMERICA, INC. et al. v. SECRETARY OF STATE.

Supreme Judicial Court of Maine.

Decided January 3, 1986.


Attorney(s) appearing for the Case

Billig, Sher & Jones, P.C., Jacob P. Billig (orally), Richard A. Allen, David F. Smith, Washington, D.C., Murray, Plumb & Murray, Thomas C. Newman, John C. Lightbody, Portland, for plaintiff.

James E. Tierney, Atty. Gen., Robert S. Frank (orally), Asst. Atty. Gen., Augusta, for defendant.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, WATHEN and SCOLNIK, JJ.


McKUSICK, Chief Justice.

In this class action brought by and on behalf of certain out-of-state truckers, the Superior Court (Kennebec County) agreed with the plaintiff class that Maine's so-called reciprocal truck taxes violate the Commerce Clause of the United States Constitution. The court, however, refused to order any refund of amounts paid on those unconstitutional taxes, except to the extent that the plaintiff class had been protected by an escrow arrangement...

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