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AMERICAN TRUCKING ASS'NS, INC. v. CONWAY

No. 83-484.

508 A.2d 408 (1986)

AMERICAN TRUCKING ASSOCIATIONS, INC., Chemical Leaman Tank Line, Inc. and Anderson Trucking Service, Individually and on Behalf of All Others Similarly Situated v. William CONWAY, Commissioner of Motor Vehicles; Paul Philbrook, Vermont Commissioner of Public Safety; Richard Snelling, Governor of State of Vermont and Thomas Evslin, Secretary of Vermont Agency of Transportation.

Supreme Court of Vermont.

February 21, 1986.

Attorney(s) appearing for the Case

Ralph A. Foote, Robert H. Moyer, and Charles Starbuck of Conley and Foote, Middlebury, for plaintiffs-appellees.

John J. Easton, Jr., Atty. Gen., and Zander B. Rubin and Robert C. Schwartz, Asst. Attys. Gen., Montpelier, for defendants-appellants.

Before ALLEN, C.J., and HILL, UNDERWOOD, PECK and GIBSON, JJ.

PECK, Justice.

The defendants appeal an order of the Washington Superior Court declaring unconstitutional statutes imposing fuel user license fees, 23 V.S.A. §§ 415, 3007, and trip permit fees or temporary authorization fees, 23 V.S.A. § 3010, on foreign-registered trucks. The lower court found that these statutes, challenged by plaintiffs in a class action,1 violated the Commerce Clause of the United States Constitution...

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