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  5. 889 S.W.2d 807 (1994)
 

COM. v. THOMAS HEAVY HAULING, INC.

Nos. 94-SC-341-TG, 94-SC-102-TG.

889 S.W.2d 807 (1994)

COMMONWEALTH of Kentucky; Commonwealth of Kentucky, Transportation Cabinet; Commonwealth of Kentucky, Transportation Cabinet, Department of Vehicle Regulation; Don Kelly (Formerly Milo Bryant), Secretary, Kentucky Transportation Cabinet; Norris Beckley (Formerly Jerome Lentz), Commissioner, Department of Vehicle Regulation, Appellants/Cross-Appellees, v. THOMAS HEAVY HAULING, INC., Appellee/Cross-Appellant.

Supreme Court of Kentucky.

December 22, 1994.

Attorney(s) appearing for the Case

Fred E. Fugazzi, Jr., McBrayer, McGinnis, Leslie & Kirkland, Lexington, for appellants/cross-appellees.

William L. Willis, William P. Curlin, Jr., Richard "Smitty" Taylor, Holland B. Spade, Hazelrigg and Cox, Frankfort, for appellee/cross-appellant.

REYNOLDS, Justice.

These two appeals are from a challenge to the constitutionality of the provisions of Kentucky Revised Statutes 189.270 which imposed a weight-axle-overdimensional fee upon motor carriers and to the validity of 601 KAR 1:015 which was adopted by the Transportation Cabinet for the administration of the statute.

Enactment of the foregoing statute authorized the issuance of special permits for motor vehicles whose gross weight including

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