WESTLAKE TRANSPORTATION, INC. v. PSC

Docket Nos. 226052, 226053, 226137, 226122.

662 N.W.2d 784 (2003)

255 Mich. App. 589

WESTLAKE TRANSPORTATION, INC., Vanderkooi Carriers, Inc., El Toro Motor Freight, Inc., Myriah, Inc., Prism, Inc., Gerrigs Trucking & Leasing, Inc., and Best Way Express, Inc., Plaintiffs-Appellants, and American Trucking Association, Inc. and TNT Holland Motor Express, Inc., Intervening Plaintiffs-Appellants, v. Michigan PUBLIC SERVICE COMMISSION, Department of Treasury, and the State of Michigan, Defendants-Appellees. Troy Cab, Inc., Deeco Services, Inc., d/b/a Deeco Transportation, Tiberio Frank, d/b/a Fairfield Towing, Elex, Inc., d/b/a Lafond Express, Dale Constine & Sons, Inc., Calcut Sales & Services, Inc., d/b/a Calcut Trucking Company, Ambassador Transportation, Inc., Hawkins Steel Cartage, Inc., Midcon Freight Systems, Inc., JLH Transfer, Inc., H & H Enterprises, Inc., d/b/a S & M Cartage, Inc., Central Transport, Inc., Bancroft Trucking Company, U.S. Truck Company, Inc., West End Cartage, Inc., Central Cartage Company, CTX, Inc., Mohawk Motor Michigan, Inc., Economy Transport, Inc., McKinlay Transport Limited, Mason & Dixon Lines, Inc., Universal AmCan Limited, Romeo Expediters, Inc., Tom Thumb Services, Inc., d/b/a Rei, OJ Transport Company, JLAW Enterprises Inc., and OJ Transport, Inc., Plaintiffs-Appellants, and American Trucking Association, Inc. and TNT Holland Motor Express, Inc., Intervening Plaintiffs-Appellants, v. Michigan Public Service Commission, Department of Treasury, Department of Commerce, and the State of Michigan, Defendants-Appellees.

Court of Appeals of Michigan.

Decided March 11, 2003, at 9:00 a.m.

Released for Publication May 15, 2003.


Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and David A. Voges, Henry J. Boynton, David M. Gadaleto, and William W. Derengoski, Assistant Attorneys General, for the defendants.

Foster, Swift, Collins & Smith, P.C. (by Robert E. McFarland), and Scopelitis, Garvin, Light & Hanson, P.C. (by James Hanson), Farmington Hills; Indianapolis, IN, for the plaintiffs.

Fraser Trebilcock Davis & Dunlap, P.C. (by Michael S. Ashton), and ATA Litigation Center (by Robert Digges, Jr.), Lansing; Alexandria, VA, for the intervening plaintiffs.

Before MARKEY, P.J., and SAAD and SMOLENSKI, JJ.


SMOLENSKI, J.

In these consolidated class actions, plaintiffs, individual class-representative trucking companies, and intervening plaintiffs, two trucking companies, appeal by right from a December 30, 1998, judgment of the Court of Claims that granted summary disposition in favor of defendants. The appeals were consolidated. We affirm.

I

This case involves the effect of several federal laws, specifically...

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