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BEHNKE, INC. v. STATE

Docket Nos. 272010, 272011.

748 N.W.2d 253 (2008)

278 Mich. App. 114

BEHNKE, INC., Martin Transport Systems, Inc, and Sercombe Trucking, Inc, Plaintiffs-Appellees, v. STATE of Michigan and Michigan State Police Motor Carrier Division, Defendants-Appellants. Van's Delivery Service, Inc, Van Eerden Trucking Company, Inc, Modular Transportation Co, Kuperus Trucking, Inc, Foreway Transportation, Inc, Grand Traverse Trucking, Inc, Deeco Transportation, Inc, Davis Cartage Company, Ryan Transportation, Inc, Auto Expediting, Inc, Salter Oil Company, Inc, Alco Transportation, Inc, Koleaseco, Inc, Romeo Expeditors, Inc, Trailer Xpress, Inc, Holland Trailer Leasing, Inc, Pace Trailer Sales and Services, Bay Shippers, LLC, and Mason County Fruit Packers Co-Op, Inc, Plaintiffs-Appellees, and Gordon Food Service, Inc, Intervening Plaintiff-Appellee, v. Attorney General, Secretary of State, Michigan Highway Reciprocity Board, and State Police Motor Carrier Division, Defendants-Appellants.

Court of Appeals of Michigan.

Decided February 21, 2008, at 9:15 a.m.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and John F. Szczubelek, Assistant Attorney General, for the State of Michigan and others.

Paul M. Ross, P.C. (by Paul M. Ross), East Lansing, for Behnke, Inc., and others.

Foster, Swift, Collins & Smith, P.C. (by Robert E. McFarland and Paul J. Millenbach), Farmington Hills, for Van's Delivery Service, Inc., and others.

Miller Johnson (by Matthew L. Vicari and Salvatore W. Pirrotta), Grand Rapids, for Gordon Food Service, Inc.

Before: FITZGERALD, P.J., and MARKEY and SMOLENSKI, JJ.

PER CURIAM.

These consolidated cases involve actions for declaratory and injunctive relief, as well as for a writ of mandamus. In each case defendants appeal as of right from a trial court order granting summary disposition in favor of plaintiffs under MCR 2.116(C)(10). We affirm.

Plaintiffs are Michigan-based trucking companies engaged in interstate commerce. Their trucks are registered in Michigan, but their trailers...

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