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OWNER-OPERATOR INDEP. DRIVERS ASS'N v. HOLCOMB

No. 20-1445.

990 F.3d 565 (2021)

OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC., et al., Plaintiffs-Appellants, v. Eric HOLCOMB, Governor of Indiana, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 9, 2021.

Attorney(s) appearing for the Case

Paul D. Cullen, Jr. , Paul D. Cullen, Sr. , Kathleen B. Havener , Gregory R. Reed , Charles Stinson , Attorneys, Cullen Law Firm, Washington, DC, Riley Harrison Floyd , Michael Robert Limrick , Attorneys, Hoover Hull Turner LLC, Indianapolis, IN, for Plaintiffs-Appellants.

Thomas M. Fisher , Attorney, Jefferson Stewart Garn , Kian James Hudson , Julia Catherine Payne, Esq. , Attorneys, Office of the Attorney General, Indianapolis, IN, for Defendants-Appellees Eric Holcomb, and Joe McGuinness.

John Robert Maley , Mark J. Crandley , Attorneys, Barnes & Thornburg LLP, Indianapolis, IN, for Defendants-Appellees Indiana Finance Authority, and Dan Huge.

Anthony Scott Chinn , Stephanie L. Gutwein , Anne K. Ricchiuto , Attorneys, Faegre Drinker Biddle & Reath LLP, Indianapolis, IN, Matthew Gregory , Matthew Rozen , Miguel A. Estrada , Attorneys, Gibson, Dunn & Crutcher LLP, Washington, DC, for Defendant-Appellee ITR Concession Company LLC.

Before Easterbrook, Rovner, and Wood, Circuit Judges.

The Indiana Toll Road, part of 1-90, runs 156 miles across northern Indiana from the border with Ohio on the east to the Chicago Skyway on the west. Owned by the Indiana Finance Authority, the Toll Road has been operated since 2006 by a lessee, ITR Concession Company. What ITR can charge depends on state law, and in 2018...

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