Asbury Transportation Co. v. Consolidated Freightways Corp.

This is a dispute between two interstate trucking firms as to which firm is obligated to pay certain fuel and highway use taxes. The action was tried before the court without a jury, and a judgment was rendered for plaintiff. Defendant appeals.

Plaintiff, Asbury Transportation Company, and defendant, Consolidated Freightways Corporation, are both engaged in the business of interstate hauling. Between October 1967 and November 1968 the plaintiff and defendant executed a series of leasing agreements whereby the defendant leased 40 truck-tractors from plaintiff. The terms, which were the same for…