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AMERICAN TRUCKING ASSOCIATIONS, INC. v. WHITMAN

No. CIV. A. 00-489(MLC).

136 F.Supp.2d 343 (2001)

AMERICAN TRUCKING ASSOCIATIONS, INC. and U.S. Xpress, Inc., Plaintiffs, v. Christine Todd WHITMAN, in her official capacity as the Governor of the State of New Jersey; James Weinstein, in his official capacity as the Commissioner of the New Jersey Department of Transportation; Col. Carson Dunbar, in his official capacity as the Superintendent of the New Jersey State Police; and John J. Farmer, Jr., in his official capacity as the Attorney General of the State of New Jersey, Defendants.

United States District Court, D. New Jersey.

March 22, 2001.

Attorney(s) appearing for the Case

Michael L. Rodburg, Richard F. Ricci, Andrea B. Schwartz, Lowenstien Sandler PC, Roseland, NJ, Beth L. Law, Robert Digges, Jr., ATA Litigation Center, Inc., Alexandria, VA, for Plaintiffs.

Emily Armstrong, Patrick DeAlmeida, Jeffrey J. Miller, Brett D. Rickman, Office of N.J. Attorney General, Department of Law & Public Safety, Trenton, NJ, for Defendants.

Benjamin Clarke, DeCotiis, Fitzpatrick, Gluck, Hayden & Cole, LLP, Teaneck, NJ, for Movant, Tri-State Transportation Campaign.

Edwin W. Schmierer, Trishka Waterbury, Mason, Griffin & Pierson, PC, Princeton, NJ, for Movant, New Jersey State League of Municipalities.

MEMORANDUM OPINION

COOPER, District Judge

This matter presents motions for partial summary judgment by both parties. We will deny the motions and develop a full evidentiary record before ruling further on the merits.

BACKGROUND

On or about July 16, 1999, the New Jersey Department of Transportation (the "Department") enacted "emergency regulations," which applied to certain commercial vehicles categorized as double-trailer truck combinations...

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