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OWNER-OPERATOR INDEPEN. DRIVERS v. ANTHONY

No. 80705.

879 P.2d 845 (1994)

OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC.; Raymond W. Mader d/b/a Mader Trucking; Shaan Julian; Robert, McGee; Leslie and Frances Easterday d/b/a H & W Carriers; Ray White d/b/a R & M Trucking; Thomas V. Guglielme; Leo J. Wallace and Jo Ann Wallace d/b/a T & J Transportation; Richard Reinert d/b/a Richard Reinert Trucking on behalf of Themselves and as Class Representatives of All Other Interstate Motor Carriers similarly situated, Appellants, v. Robert ANTHONY, J.C. Watts and Cody L. Graves, Commissioners of the Oklahoma Corporation Commission; State of Oklahoma; Governor David Walters; State Treasurer, Claudette Henry; Department of Public Safety Commissioner Dave McBride; and, Attorney General Susan B. Loving, Appellees.

Court of Appeals of Oklahoma, Division No. 1.

July 5, 1994.

Attorney(s) appearing for the Case

John N. Hermes, Joseph Walters, Oklahoma City, and Patrick J. Coyne, K. Michael O'Connell, Daniel J. Harrold, Washington, DC, for appellants.

Michael J. Hunter, Leslie Wilson Pepper, Lu Willis, Oklahoma City, for appellees, Robert Anthony, J.C. Watts & Cody Graves, Com'r of the Oklahoma Corp. Com'n.

Rabbindranath Ramana, Asst. Atty. Gen., Oklahoma City, for appellees, State of Okl., Governor David Walters, Claudette Henry, State Treasurer, Dept. of Public Safety Com'r Dave McBride and Atty. Gen. Susan B. Loving.

Released for Publication by Order of the Court of Appeals of Oklahoma, Division No. 1.

OPINION

JONES, Presiding Judge:

Appellants brought this action challenging the constitutionality of 47 O.S. 1991, § 165, and Oklahoma Corporation Commission Rules and Regulations governing motor carriers, Sections 165:30-311(a) and 165:30-9-2 (1992), insofar as they require a $15.00 filing fee by interstate...

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