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CONSOL. FREIGHTWAYS CORP. OF DELAWARE v. LARSON

Civ. No. 84-0222.

647 F.Supp. 1479 (1986)

CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, a Delaware Corporation, Plaintiff, v. Thomas D. LARSON, individually, and in his capacity as Secretary of Transportation, Department of Transportation, Commonwealth of Pennsylvania; Jay Cochran, Jr., individually, and in his capacity as Commissioner of the Pennsylvania State Police; Leroy S. Zimmerman, individually, and in his capacity as Attorney General of the Commonwealth of Pennsylvania; Richard Thornburgh, individually, and in his capacity as Governor of the Commonwealth of Pennsylvania, Defendants.

United States District Court, M.D. Pennsylvania.

November 19, 1986.

Attorney(s) appearing for the Case

Jack M. Stover, Shearer, Mette & Woodside, Harrisburg, Pa., and John Duncan Varda, DeWitt, Sundby, Huggett & Schumacher, S.C., Madison, Wis., for plaintiff.

John J. Knorr, Deputy Atty. Gen., Chief Litigation Section, Harrisburg, Pa., for defendants.

MEMORANDUM

HERMAN, District Judge.

I. INTRODUCTION

This case is a preemption case. The plaintiff is Consolidated Freightways Corporation (Consolidated or Consolidated Freight). Consolidated operates truck tractor-semitrailer-trailer combinations (twins or doubles) and truck tractor-semitrailer combinations (single twins) in which the semitrailer has a length less than twenty-eight and one-half feet, a width of 102 inches, and which usually operates...

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