State ex rel. Sammons Trucking, Inc. v. Bollinger

This is an original proceeding brought by relators as common carriers operating motor vehicles engaged in interstate commerce and using Montana highways. Relators seek a declaratory judgment and writ of mandate adjudging invalid the state registration fee imposed by the Public Service Commission upon such vehicles to the extent that such fee imposes a greater and conflicting requirement than that imposed by federal laws and regulations.

Upon hearing counsel for relators ex parte this Court desired an adversary hearing. Such hearing was had on December 3, 1975.

Under Title 8, Chapter 1, Revised…