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WERNER TRANSP. CO. v. HUGHES

No. 15487.

19 F.Supp. 425 (1937)

WERNER TRANSP. CO. et al. v. HUGHES, Secretary of State of Illinois, et al.

District Court, N. D. Illinois, E. D.

June 18, 1937.

Attorney(s) appearing for the Case

James C. Leaton and Franklin R. Overmyer, both of Chicago, Ill., for plaintiff.

Otto Kerner, Atty. Gen., and Jerome F. Dixon, of Chicago, Ill., for defendant.

Before EVANS, Circuit Judge, and BARNES and HOLLY, District Judges.

BARNES, District Judge (after stating the facts as above).

Does section 131 of the Illinois Uniform Act Regulating Traffic on Highways (Smith-Hurd Ill.Stats. c. 95½, § 228), violate the due process and equal protection clauses of the Fourteenth Amendment to the Federal Constitution because its provisions, fixing the maximum weights of motor vehicles, constitute an unreasonable and arbitrary interference with the rights of the plaintiffs to the use of the...

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