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TRANSWAY CORP. v. HAWAIIAN EXP. SERVICE, INC.

Nos. 80-4379, 80-4489 and 80-4492.

679 F.2d 1328 (1982)

TRANSWAY CORPORATION, a Hawaii Corporation, Plaintiff, and Public Utilities Commission, State of Hawaii, Intervening-Plaintiff Appellant, v. HAWAIIAN EXPRESS SERVICE, INC., a California Corporation, Defendant-Appellee, and Mid-Pacific Forwarding Company, Inc., Honolulu Freight Service and AmeriCon Pacific Freight Systems, Intervening-Defendants. TRANSWAY CORPORATION, Plaintiff-Appellant, Public Utilities Commission, State of Hawaii, Intervenor-Plaintiff, v. HAWAIIAN EXPRESS SERVICE, INC., Defendant-Appellee, Mid-Pacific Forwarding Co., Inc., Honolulu Freight Service, Inc., and Ameri-Con Pacific Freight Systems, Intervenor-Defendants, Hawaii Trucking Association, Amicus Curiae. TRANSWAY CORPORATION, a Hawaii Corporation, Plaintiff, Public Utilities Commission, State of Hawaii, Intervening Plaintiff Appellant, v. HAWAIIAN EXPRESS SERVICE, INC., Defendant-Appellee, and Mid-Pacific Forwarding Co., Inc., et al., Intervening Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1982.

Attorney(s) appearing for the Case

Robert J. Smolenski, Smolenski & Kiang, Harry S. Y. Kim, Honolulu, Hawaii, for Transway Corp.

Lawrence Berman, New York City, for Freight Forwarders.

Daniel W. Baker, San Francisco, Cal., argued, for Hawaii Exp.; Henry H. Shigekane, Damon, Shigekane, Key & Char, Honolulu, Hawaii, on brief.

Before BROWNING, Chief Circuit Judge, and SKOPIL and NORRIS, Circuit Judges.

NORRIS, Circuit Judge:

The issue raised by this appeal is whether state regulation of transfer, collection and delivery services provided by a Hawaiian motor carrier to an interstate freight forwarder is preempted by the Interstate Commerce Act. We hold that it is and affirm the judgment of the district court.

I

Plaintiff-appellant Transway Corporation ("Transway") is a Hawaiian motor carrier that holds a certificate of public convenience and necessity...

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