Pitney-Bowes, Inc. v. State of California

SCHWARTZ, J.*

I dissent. To distinguish a “commercial” weighing or measuring device from a “non-commercial” device, it is necessary to look to what use the device is put. Plaintiff’s scales are used for the following purposes: (a) Use by USPS to compute postal charges; (b) use by customers of USPS to compute the postal charges; (c) use by customers of UPS to compute parcel delivery charges; (d) use by parcel delivery services other than USPS and UPS to compute delivery charges; or (e) use by customers of parcel delivery services other than USPS and UPS to compute parcel delivery charges. The…