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YELLOW FREIGHT SYSTEM INC. v. MICHIGAN

Docket Nos. 194703, 195564.

585 N.W.2d 762 (1998)

231 Mich. App. 194

YELLOW FREIGHT SYSTEM INC., Plaintiff-Appellee, v. STATE OF MICHIGAN, Department of Treasury, State Treasurer, Department of Commerce, Director of Department of Commerce, Michigan Public Service Commission and Michigan Public Service Commissioners, Defendants-Appellants. YELLOW FREIGHT SYSTEM INC., Plaintiff-Appellant, v. STATE OF MICHIGAN, Department of Treasury, State Treasurer, Department of Commerce, Director of Department of Commerce, Michigan Public Service Commission and Michigan Public Service Commissioners, Defendants-Appellees.

Court of Appeals of Michigan.

Decided August 14, 1998, at 9:15 a.m.

Released for Publication November 2, 1998.

Attorney(s) appearing for the Case

Eames Wilcox by Ronald J. Mastej and John W. Bryant, Detroit, for Plaintiff-Appellee.

Frank J. Kelley, Atty. Gen., Thomas L. Casey, Sol. Gen., and Don L. Keskey and Judith I. Blinn, Asst. Attys. Gen., for Defendants-Appellants.

Before RICHARD ALLEN GRIFFIN, P.J., and McDONALD and O'CONNELL, JJ.

McDONALD, Judge.

Plaintiff, an interstate commercial carrier, brought this action asserting that defendants (the state) had collected registration fees pursuant to M.C.L. § 478.7(4); M.S.A. § 22.565(1)(4) in excess of the amount allowed by federal law, specifically the singlestate registration system (SSRS). The Court of Claims, ruling on cross motions for summary disposition, agreed with plaintiff and granted its motion. The court entered judgment in favor...

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