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AMERICAN TRUCKING ASS'NS v. GOLDSTEIN

No. 108, September Term, 1983.

301 Md. 372 (1984)

483 A.2d 47

AMERICAN TRUCKING ASSOCIATIONS, INC. ET AL. v. LOUIS L. GOLDSTEIN ET AL.

Court of Appeals of Maryland.

November 1, 1984.

Attorney(s) appearing for the Case

George Beall, Baltimore (Ronald U. Shaw and Miles & Stockbridge, Baltimore, on brief), for appellants.

Robert R. Smith, Asst. Atty. Gen., Glen Burnie (Stephen H. Sachs, Atty. Gen., Susan K. Gauvey and Robert B. Harrison, III, Asst. Attys. Gen., Baltimore, and Gerald Langbaum, Asst. Atty. Gen., Annapolis, on brief), for appellees.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ., and W. ALBERT MENCHINE, Associate Judge of the Court of Special Appeals (retired), Specially Assigned.

ELDRIDGE, Judge.

The principal issue in this case is whether Maryland Code (1957, 1980 Repl.Vol., 1983 Cum.Supp.), Art. 81, § 423(a), which imposes an annual twenty-five dollar registration or "marker" fee upon all motor carriers that operate in Maryland, violates the Commerce Clause of the United States Constitution, Art. I, § 8, cl. 3.

Section 423(a) is part of Maryland's "Road Tax on Motor Carriers" Act, Art. 81, §§ 412-430, which requires...

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