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BAKER DRIVEAWAY CO. v. HAMILTON

No. 208.

29 F.Supp. 693 (1939)

BAKER DRIVEAWAY CO., Inc., et al. v. HAMILTON, Secretary of Revenue of Commonwealth of Pennsylvania et al.

District Court, M. D. Pennsylvania.

October 16, 1939.

Attorney(s) appearing for the Case

Matheson, Dixon & Brady, of Detroit, Mich., and McNees, Hollinger & Nurick, of Harrisburg, Pa., for plaintiffs.

Claude T. Reno, Atty. Gen., of Pennsylvania, and George W. Keitel, Asst. Atty. Gen., of Pennsylvania, for defendants.

Before BIDDLE, Circuit Judge, and JOHNSON and WATSON, District Judges.

JOHNSON, District Judge.

This is an application for an interlocutory injunction to enjoin the defendants from enforcing Section 1033(c) of the Act of the Pennsylvania Legislature of 1937, P.L. 2329, as amended June 27, 1939, Act No. 400, 75 P.S. § 642(c), on the ground that this legislation violates the Constitution of the United States. The acts in question prohibit the operation on the highways of Pennsylvania of vehicles carrying an automobile over the cab...

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