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AMERICAN T. ASSOC., INC. v. BLOOM.

No. 267 C.D. 1983.

87 Pa.Commw. 379 (1985)

American Trucking Associations, Inc. et al., Petitioners v. Robert K. Bloom, Secretary of Department of Revenue, Commonwealth of Pennsylvania, et al., Respondents.

Commonwealth Court of Pennsylvania.

February 5, 1985.

Attorney(s) appearing for the Case

Arthur R. Littleton, with him, Mark P. Pazuhanich, of counsel, Morgan, Lewis & Bockius, for petitioners.

Maura A. Johnston, Deputy Attorney General, with her, Allen C. Warshaw, Senior Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondents.

Argued December 11, 1984, before President Judge CRUMLISH, JR. and Judges ROGERS, WILLIAMS, JR., CRAIG, MacPHAIL, DOYLE and BARRY.

OPINION BY JUDGE WILLIAMS, JR., February 5, 1985:

American Trucking Associations, Inc. and four foreign-based trucking companies (Petitioners) challenge the constitutionality and seek to enjoin the enforcement of Section 9902 of the Vehicle Code, 75 Pa. C. S. §9902, which exacts a maximum, annual tax of $36.00 per axle on every motor carrier vehicle, beyond a certain weight, that travels in the Commonwealth. In this class action Petitioners also request the refunding...

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