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CONTINENTAL CAN CO., INC. v. YERUSALIM

No. 88-5103.

854 F.2d 28 (1988)

CONTINENTAL CAN COMPANY, INC., a Delaware Corporation; Owens-Illinois, Inc., an Ohio Corporation; Dart Transit Company, a Minnesota Corporation; and National Freight, Inc., a New Jersey Corporation v. Hon. Howard YERUSALIM, Secretary-Designate of Department of Transportation, Col. John K. Schafer, Commissioner of State Police; Hon. LeRoy S. Zimmerman, Attorney General, and Hon. Robert P. Casey, Governor, Appellants.

United States Court of Appeals, Third Circuit.

Decided August 15, 1988.

Attorney(s) appearing for the Case

LeRoy Zimmerman, Atty. Gen., Jules S. Henshell (argued), Deputy Atty. Gen., Gregory R. Neuhauser, Sr. Deputy Atty. Gen., John G. Knorr, III, Chief Deputy Atty. Gen., Chief, Litigation Section, Harrisburg, Pa., for appellants.

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

Before GIBBONS, Chief Judge, HIGGINBOTHAM, Circuit Judge and ROTH, District Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

Pennsylvania officials responsible for enforcement of that state's motor vehicle laws appeal from a summary judgment in favor of certain motor truck operators who sued for declaratory and injunctive relief prohibiting the enforcement of 75 Pa.C.S. § 4923(b)(6) to the extent that it prohibits use in Pennsylvania of 53 foot long, 102 inch wide trailers. The district court held that if section 4923 prohibited...

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