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MID-ATLANTIC BLDG. SYSTEMS COUNCIL v. FRANKEL

No. 898, Docket 93-7857.

17 F.3d 50 (1994)

MID-ATLANTIC BUILDING SYSTEMS COUNCIL, A DIVISION OF THE PENNSYLVANIA BUILDERS ASSOCIATION, INC., Plaintiff-Appellant, v. Emil H. FRANKEL, Commissioner, Connecticut Department of Transportation, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 22, 1994.

Attorney(s) appearing for the Case

Christopher P. DeMarco, Hamden, CT (Farver & DeMarco, Hamden, CT, of counsel), for Plaintiff-Appellant.

Robert T. Morrin, Assistant Attorney General, State of Connecticut, Hartford, CT (Richard Blumenthal, Attorney General, of counsel), for Defendant-Appellee.

Before: TIMBERS, VAN GRAAFEILAND, and McLAUGHLIN, Circuit Judges.

PER CURIAM:

Mid-Atlantic Building Systems Council, Inc. ("Mid-Atlantic") appeals a decision of the United States District Court for the District of Connecticut (Peter C. Dorsey, Judge), dismissing its petition to enjoin the Connecticut Department of Transportation ("CDOT") from enforcing oversized trailer restrictions because they violate the commerce clause. We reverse.

I.

Mid-Atlantic is an association of Pennsylvania modular home builders...

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