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CONTINENTAL CAN CO., INC. v. MELLON

No. 86-3563.

825 F.2d 308 (1987)

CONTINENTAL CAN COMPANY, INC., a Delaware Corporation, Dart Transit Company, a Minnesota Corporation, et al., Plaintiffs-Appellants, v. Leonard MELLON, Executive Director of the Florida Department of Highway Safety, Robert Martinez, The Honorable Governor of State of Florida, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 21, 1987.

Attorney(s) appearing for the Case

Ervin, Varn, Jacobs, Odom & Kitchen, Wilfred C. Varn, Thomas M. Ervin, Jr., Robert M. Ervin, Jr., Tallahassee, Fla., DeWitt, Sundby, Huggett, Schumacher & Morgan, John D. Varda, John H. Lederer, Madison, Wis., for plaintiffs-appellants.

Franz E. Dorn, Dept. of Transp., Tallahassee, Fla., for defendants-appellees.

Before RONEY, Chief Judge, HATCHETT, Circuit Judge, and TUTTLE, Senior Circuit Judge.

PER CURIAM:

This case involves the question of whether a Florida statute violates a federal statute which prohibits states from imposing rules which effectively prohibit trailers of a length in lawful use in the state before December 1, 1982. The district court held the Florida statute did not violate the federal prohibition. We reverse.

Applicable Florida law, prior to 1983, set a maximum total length of 55 feet for tractor-trailer combinations. Fla.Stat...

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