Frank J. KELLEY, Attorney General of the State of Michigan, The Oklahoma Corporation Commission; The Montana Public Service Commission; Coalition Against Federal Preemption of State Motor Carrier Regulation; The International Brotherhood of Teamsters, Plaintiffs-Appellants,
Carla Stovall, Attorney General of the State of Kansas, Kansas Corporation Commission, Plaintiffs-Intervenors-Appellants,
v.
The UNITED STATES of America, ex rel. the Department of Justice; and Janet Reno, Attorney General of the United States, Defendants-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
November 2, 1995.
November 2, 1995.
Attorney(s) appearing for the Case
W. Robert Alderson and John E. Jandera of Alderson, Alderson & Montgomery, Topeka, Kansas, (Robert E. McFarland of Foster, Swift, Collins & Smith, Farmington Hills, Michigan; Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Kelly G. Keenan, Assistant Deputy Attorney General, Lansing, Michigan; Leslie Wilson Pepper, Charles "Andy" Adams, Oklahoma City, Oklahoma; Martin Jacobson, Helena, Montana; Richard C. Labarthe, Kevin M. Coffey, and Jack C. Moore of Mock, Schwabe, Waldo, Elder, Reeves & Bryant, Oklahoma City, Oklahoma; Dale E. Isley of Williams & Isley, Denver, Colorado; Marc J. Fink and Torbjorn Sjogren of Sher & Blackwell, Washington, D.C., with them on the briefs), for appellants.
Peter R. Maier, U.S. Department of Justice, Washington, D.C., (Leonard Schaitman, U.S. Department of Justice, Washington, D.C., with him on the brief), for appellees.
Kenneth R. Nance, Oklahoma City, Oklahoma; Nicholas J. DiMichael, Frederic L. Wood, and Jeffrey O. Moreno of Donelan, Cleary, Wood & Maser, Washington, D.C., were on the brief for amici curiae, The National Industrial Transportation League, American Frozen Food Institute, and Americans for Safe and Competitive Trucking.
Before HENRY, SETH, and BRISCOE, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
BRISCOE, Circuit Judge.
Plaintiffs, the Oklahoma Corporation Commission, the Montana Public Service Commission, the Kansas Corporation Commission, the Attorney General of the State of Michigan, the Attorney General of the State of Kansas, the Coalition Against Federal Preemption of State Motor Carrier Regulation, and the International Brotherhood of Teamsters, filed this action for declaratory and injunctive relief claiming that § 601 of the Federal Aviation...
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