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EVANS v. BURNLEY

No. 3-87-0489.

695 F.Supp. 365 (1988)

Jimmy M. EVANS, Commissioner of the Tennessee Department of Transportation v. James H. BURNLEY, IV, Acting Secretary of the United States Department of Transportation.

United States District Court, M.D. Tennessee, Nashville Division.

May 27, 1988.

Attorney(s) appearing for the Case

Frank J. Scanlon, Office of the Atty. Gen., Nashville, Tenn., for plaintiff.

Richard K. Willard, Joe B. Brown, James C. Thomason, III, Asst. U.S. Atty., Nashville, Tenn., Sandra M. Schraibman, Mona S. Butler, Civ. Div., Dept. of Justice, Washington, D.C., for defendant.

Robert L. Baker, Buck & Baker, Nashville, Tenn., Daniel R. Barney, John J. Collins, ATA Litigation Center, Alexandria, Va., for intervening defendants.

MEMORANDUM

JOHN T. NIXON, District Judge.

In this action, plaintiff Commissioner of the Tennessee Department of Transportation (the "Commissioner") seeks a declaratory judgment that the Tennessee ban of all trucks from Interstate Route 440 ("I-440"), running through Nashville and Davidson County, is not preempted by federal law. Alternatively, plaintiff requests this Court to declare that regulations promulgated by the defendant Secretary of the United States...

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