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S.C. HWY. DEPT. v. BARNWELL BROS

No. 161.

303 U.S. 177 (1938)

58 S.Ct. 510

82 L.Ed. 734

SOUTH CAROLINA STATE HIGHWAY DEPARTMENT ET AL. v. BARNWELL BROTHERS, INC., ET AL.

Supreme Court of United States.

Decided February 14, 1938.

Attorney(s) appearing for the Case

Messrs. Steve C. Griffith and Thomas W. Davis with whom Messrs. John M. Daniel, Attorney General, J. Ivey Humphrey and M.J. Hough, Assistant Attorneys General, of South Carolina, Eugene S. Blease, Douglas McKay, M.G. McDonald, and J.B.S. Lyles were on the briefs, for appellants.

Messrs. S. King Funkhouser and Frank Coleman, with whom Mr. J. Ninian Beall was on the brief, for appellees.

MR. JUSTICE STONE delivered the opinion of the Court.

Act No. 259 of the General Assembly of South Carolina, of April 28, 1933, 38 Stat. 340, prohibits use on the state highways of motor trucks and "semi-trailer motor trucks" whose width exceeds 90 inches, and whose weight including load exceeds 20,000 pounds. For purposes of the weight limitation § 2 of the statute provides that a semi-trailer motor truck, which is a motor propelled truck with a trailer whose...

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