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TRUCK SAFETY EQUIPMENT INSTITUTE v. KANE

Civ. No. 75-636.

466 F.Supp. 1242 (1979)

TRUCK SAFETY EQUIPMENT INSTITUTE, an Illinois not-for-profit Corporation, Abex Corporation, Signal-Stat Division, a Delaware Corporation, R. E. Dietz Company, a New York Corporation, Grote Manufacturing Company, a Kentucky Corporation, Plaintiffs, v. Robert KANE, Attorney General, Commonwealth of Pennsylvania, James B. Wilson, Secretary, Pennsylvania Department of Transportation, Seymore G. Heyison, Director, Bureau of Traffic Safety, Pennsylvania Department of Transportation, Ward B. Baumbach, Chief, Inspection Division, Bureau of Traffic Safety, Pennsylvania Department of Transportation, Caroline Gardner, Supervisor, Automotive Equipment Section, Bureau of Traffic Safety, Pennsylvania Department of Transportation, individually and in their official capacities, Defendants.

United States District Court, M. D. Pennsylvania.

February 26, 1979.

Attorney(s) appearing for the Case

McNees, Wallace & Nurick by G. Thomas Miller, Harrisburg, Pa., Arent, Fox, Kintner, Plotkin & Kahn by Lawrence F. Henneberger, William B. Sullivan, Michael M. Eaton, Robert W. Green, Washington, D.C., for plaintiffs.

Michael R. Deckman, Asst. Atty. Gen., Robert W. Cunliffe, Deputy Atty. Gen., Robert P. Kane, Atty. Gen., Michael R. Deckman, Asst. Atty. Gen., Com. of Pa., Dept. of Transp., Harrisburg, Pa., for defendants.

OPINION

HERMAN, District Judge.

In 1975 Truck Safety Equipment Institute, a trade association for manufacturers of lighting equipment and three manufacturers of such lighting equipment instituted this action challenging the enforcement of Pennsylvania's program for approval of certain types of lighting equipment regulated by the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. § 1381 et seq.

At that time, on summary judgment...

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