Consolidated Freightways Corp. of Delaware v. Kassel

JOHN R. GIBSON, Circuit Judge.

Consolidated Freightways Corporation of Delaware was successful in its efforts to have Iowa’s statute restricting Consolidated’s use of sixty-five foot twin trailers declared invalid as a violation of the Commerce Clause. It now seeks attorney’s fees from the State of Iowa under 42 U.S.C. § 1988 (Supp. V 1981), an issue which was bifurcated in the earlier hearing. The district court1 held that Consolidated failed to demonstrate a fourteenth amendment violation as a basis for applying 42 U.S.C. § 1983 (Supp. V 1981) and that its success on the Commerce Clause…