AMERICAN TRUKING ASS'NS v. STATE


734 A.2d 314 (1999)

AMERICAN TRUCKING ASSOCIATIONS, INC., a Non-Profit Corporation, Incorporated Under the Laws of the District of Columbia; Suttles Truck Leasing, Inc., an Alabama Corporation, on behalf of themselves and others similarly situated, Plaintiffs-Respondents, v. STATE of New Jersey, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 15, 1999.


Attorney(s) appearing for the Case

Catherine A. Tormey, Deputy Attorney General, for defendant-appellant (Peter Verniero, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Ms. Tormey and Barbara Conklin, Deputy Attorney General, on the brief).

Robert Digges, Jr., Alexandria, VA, for plaintiffs-respondents (Connell, Foley & Geiser, Roseland and ATA Litigation Center, attorneys, Alexandria, VA; Daniel R. Barney, Washington, DC, Mr. Digges, pro hoc vice, Kevin J. Coakley, Roseland and Charles Rothfeld, of counsel, Washington, DC; Brendan Judge, Roseland, on the brief).

Before Judges STERN, LANDAU and BRAITHWAITE.


The opinion of the court was delivered by LANDAU, J.A.D.

This case comes to us on remand by the Supreme Court, 154 N.J. 604, 713 A.2d 497 (1998), which granted a motion by the State of New Jersey (State) for leave to appeal a Tax Court order granting partial summary judgment to American Trucking Associations, Inc. and Suttles Truck Leasing, Inc., plaintiffs in a class action. On the proofs before it...

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