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B & L MOTOR FREIGHT, INC. v. HEYMANN

120 N.J. Super. 270 (1972)

293 A.2d 711

B & L MOTOR FREIGHT, INC., THE KAPLAN TRUCKING COMPANY, MIDWEST EMERY FREIGHT EXPRESS, INC., WILSON FREIGHT COMPANY, COLDWAY FOOD EXPRESS, INC., DEIOMA TRUCKING COMPANY, FREIGHTWAY CORPORATION, EDGAR W. LONG, INC., HARSHMAN-INDUSTRIAL CARTAGE COMPANY, REED LINES, INC., CORPORATIONS OF THE STATE OF OHIO; PACIFIC INTERMOUNTAIN EXPRESS, INC., A CORPORATION OF THE STATE OF NEVADA, INTERSTATE MOTOR FREIGHT SYSTEM, A CORPORATION OF THE STATE OF MICHIGAN, OHIO EASTERN EXPRESS, INC., A CORPORATION OF THE STATE OF DELAWARE, PLAINTIFFS v. RONALD M. HEYMANN, DIRECTOR OF THE DIVISION OF MOTOR VEHICLES OF THE STATE OF NEW JERSEY, AND GEORGE F. KUGLER, JR., ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided July 27, 1972.

Attorney(s) appearing for the Case

Mr. Albert G. Besser for plaintiffs (Messrs. Hannoch, Weisman, Stern & Beser) (Mr. Dean A. Gaver on brief).

Richard M. Conley, Deputy Attorney General, Steven R. Bolson and Michael E. Goldman, Deputy Attys. Gen., on the brief, for defendants.

HERBERT, J.S.C.

The original and intervening plaintiffs are trucking companies. All are engaged in transporting goods from, into and through several states, including New Jersey. Each plaintiff operates a fleet of motor vehicles and carries on its business under the authority of certificates of public convenience and necessity issued by the Interstate Commerce Commission. Most of the plaintiffs are incorporated under the laws of Ohio, but one is incorporated in Delaware...

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