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NY STATE MOTOR TRUCK ASS'N v. CITY OF NEW YORK

No. 86 Civ. 9118-CSH.

654 F.Supp. 1521 (1987)

NEW YORK STATE MOTOR TRUCK ASSOCIATION, INC.; Roadway Express, Inc.; Consolidated Freightways Corporation of Delaware; Yellow Freight System, Inc.; United Parcel Service of America, Inc.; ABF Freight System, Inc.; Carolina Freight Carriers Corp.; Affidavit of and A-P-A Transport Corp., Plaintiffs, v. The CITY OF NEW YORK; Edward I. Koch, in his capacity as Mayor of the City of New York; Ross Sandler, in his capacity as Commissioner of the Transportation Department of the City of New York; and, Benjamin Ward, in his capacity as Commissioner of the Police Department of the City of New York, Defendants.

United States District Court, S.D. New York.

March 2, 1987.

Attorney(s) appearing for the Case

Frederick A.O. Schwarz, Jr., Corporation Counsel of the City of New York, New York City, for defendants; David Drueding, Grace Goodman, Susan Kath, of counsel.

Richard K. Willard, Asst. Atty. Gen., Robert J. Cynkar, Deputy Asst. Atty. Gen., Dennis G. Linder, Director, Civ. Div., Dept. of Justice, Washington, D.C., Kenneth N. Weinstein, Deputy Asst. Gen. Counsel for Litigation, U.S. Dept. of Transp., Washington, D.C., for amicus curiae U.S. Dept. of Transp.; Anthony J. McMahon, Chief Counsel, David C. Oliver, Deputy Asst. Chief Counsel, Federal Highway Admin., Washington, D.C., of counsel.

Bishop, Liberman, Cook, Purcell & Reynolds, New York City (Mark L. Davidson, Martin S. Siegel, of counsel), Bishop, Liberman, Cook, Purcell & Reynolds, Washington, D.C. (John C. Kirtland, Thomas M. Keeling, of counsel), for plaintiffs.

HAIGHT, District Judge:

This action arises out of the federal statutory scheme controlling use of the National System of Interstate and Defense Highways. The pertinent statute is the Surface Transportation Assistance Act of 1982 ("STAA"), as amended by the Tandem Truck Safety Act of 1984 ("TTSA"), 49 U.S.C. § 2301 et seq.

Plaintiffs are seven individual motor common carriers and their State Association. Defendants are the City of New York and,...

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