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CONSOLIDATED FREIGHTWAYS CORP. OF DEL. v. LARSON

No. 87-5122.

827 F.2d 916 (1987)

CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, a Delaware corp., Appellee, v. LARSON, Thomas D., Individually and in his capacity as Secretary of Trans., Dept. of Transp. Comm. of Penna.; Cochran, Jay Jr., Individually and in his capacity as Commissioner of the Penna. State Police; Zimmerman, Leroy S., individually and in his capacity as Attorney General of the Comm. of Penn.; Thornburgh, Richard, Individually and in his capacity as Governor of the Comm. of Penna., Appellants.

United States Court of Appeals, Third Circuit.

Decided August 28, 1987.

Attorney(s) appearing for the Case

Leroy S. Zimmerman, Atty. Gen., John G. Knorr, III (argued), Sr. Deputy Atty. Gen., Andrew S. Gordon, Chief Deputy Atty. Gen., Harrisburg, Pa., for appellants.

Jack M. Stover, Shearer, Mette, Evans & Woodside, Harrisburg, Pa., John Duncan Varda, John H. Lederer (argued), Margaret A. Sattherthwaite, DeWitt, Porter, Huggett, Schumacher & Morgan, S.C., Madison, Wis., for appellee.

Before WEIS and STAPLETON, Circuit Judges, and SAROKIN, District Judge.

OPINION OF THE COURT

SAROKIN, District Judge:

Appellants, the Pennsylvania Secretary of Transportation et al., represented by the Pennsylvania Office of the Attorney General, sought to appeal from a November 19, 1986 order of the district court, 647 F.Supp. 1479, enjoining enforcement of certain provisions of Pennsylvania law held to be inconsistent with, and preempted by, the federal Surface Transportation Assistance...

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