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OWNER-OPERATORS INDEP. DRIVERS v. COM.

No. 91-CA-2023-MR.

848 S.W.2d 451 (1993)

OWNER-OPERATORS INDEPENDENT DRIVERS ASSOCIATION OF AMERICA, INC., Appellants, v. COMMONWEALTH of Kentucky, Kentucky Transportation Cabinet, Appellees.

Court of Appeals of Kentucky.

February 26, 1993.

Attorney(s) appearing for the Case

Marie Alagia Cull, David H. Vance, Alagia, Day, Marshall, Mintmire & Chauvin, Frankfort, Patrick J. Coyne, Daniel J. Harrold, D. Hamilton Peterson, Paul D. Cullen, K. Michael O'Connell, Collier, Shannon & Scott, Washington, DC, for appellants.

James R. Cox, Lisabeth Hughes Abramson, Hirn, Reed, Harper & Eisinger, Louisville, Patricia K. Foley, Transportation Cabinet, Frankfort, for appellees.

Before GARDNER, HAYES and HOWERTON, JJ.

HAYES, Judge:

This appeal is from a summary judgment upholding the constitutionality of KRS 281.650 against the claim that it imposes an unreasonable burden on interstate commerce and violates the equal protection clause of the 14th Amendment. A careful review of this difficult and complex case convinces us that the trial judge properly resolved the question of undue burden on interstate commerce. However, we are likewise...

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