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MAURER v. HAMILTON

No. 380.

309 U.S. 598 (1940)

60 S.Ct. 726

84 L.Ed. 969

MAURER ET AL., TRADING AS MAURER & MYERS AUTO CONVOY, v. HAMILTON, SECRETARY OF REVENUE OF PENNSYLVANIA, ET AL.

Supreme Court of United States.

Decided April 22, 1940.

Reargued March 27, 28, 1940.

Attorney(s) appearing for the Case

Messrs. Sterling G. McNees and Edmund M. Brady, with whom Mr. Gilbert Nurick was on the brief, on the reargument and on the original argument, for appellants.

Mr. George W. Keitel, Assistant Deputy Attorney General of Pennsylvania, with whom Mr. Claude T. Reno, Attorney General, was on the brief, on the reargument and on the original argument, for appellees.

By leave of Court, Solicitor General Biddle and Messrs. E.M. Reidy, Edwin E. Huddleson, Jr., and Daniel W. Knowlton filed a brief on behalf of the United States et al., as amici curiae, urging reversal.

MR. JUSTICE STONE delivered the opinion of the Court.

The question for decision is whether a statute of Pennsylvania prohibiting the operation over its highways of any motor vehicle carrying any other vehicle over the head of the operator of such carrier vehicle, is superseded by the rules and regulations promulgated by the Interstate Commerce Commission under the Motor Carrier Act of 1935, 49 Stat. 543, 49 U.S.C. § 301-327, applicable to common and contract...

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