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AMERICAN TRUCKING v. MCNULTY

528 Pa. 212 (1991)

596 A.2d 784

AMERICAN TRUCKING ASSOCIATIONS, INC., et al., Appellees, v. Eileen McNULTY, Acting Secretary of the Department of Revenue, et al., Appellants.

Supreme Court of Pennsylvania.

Resubmitted February 13, 1991.

Decided August 14, 1991.

Attorney(s) appearing for the Case

Richard L. Berkman, Arthur S. Gabinet, Dechert, Price & Rhoads, Andrew L. Frey, Kenneth S. Geller, Mayer, Brown & Platt, Robert Digges, Jr., Daniel R. Barney, ATA Litigation Center, for appellants at No. 19 and appellees at Nos. 11 & 12.

Alvin J. Ivers, for appellants at No. 102.

John G. Knorr, III, Andrew S. Gordon, Allen C. Warshaw, Atty. Gen.'s Office, for all appellants and appellees at No. 19.

Seymour Kurland, City Sol., Christine T. Bak, Chief Asst. City Sol., for appellees at No. 102.

Frank A. Sinon, Sherill T. Moyer, K. Michael O'Connell, for owner-operators Independent Drivers Ass'n of America, Inc., and William Harwell at Nos. 11, 12 & 19.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION OF THE COURT

ZAPPALA, Justice.

This matter is now before us on remand from the United States Supreme Court "for further proceedings not inconsistent with" its opinion in American Trucking Associations, Inc. v. Scheiner, 483 U.S. 266, 107 S.Ct. 2829, 97 L.Ed.2d 226 (1987). In that opinion, the Court reversed the judgment of this Court, 510 Pa. 430, 509 A.2d 838...

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