YELLOW FREIGHT SYSTEM, INC. v. STATE

Docket No. 113656, Calendar No. 11.

627 N.W.2d 236 (2001)

464 Mich. 21

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

Supreme Court of Michigan.

Decided May 15, 2001.


Attorney(s) appearing for the Case

Dean & Fulkerson, (by John W. Bryant), Troy, MI, for the plaintiff-appellee.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and David A. Voges and Henry J. Boynton, Assistant Attorneys General, Lansing, MI, for the defendants-appellants.


Opinion

WEAVER, C.J.

This case presents an issue of statutory interpretation. Plaintiff, Yellow Freight System, Inc., alleges that defendants collected registration fees in excess of the amount allowed under the 1991 Intermodal Surface Transportation Efficiency Act (ISTEA), 49 U.S.C. 11506, which restricts a state's registration fees to an amount "equal to the fee ... that such state collected or charged as of November 15, 1991," 49 U.S.C. 11506(c)(2)(B...

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