Private Truck Council of America, Inc. v. Secretary of State

McKUSICK, Chief Justice.

In this class action brought by and on behalf of certain out-of-state truckers, the Superior Court (Kennebec County) agreed with the plaintiff class that Maine’s so-called reciprocal truck taxes violate the (Commerce Clause of the United States Con-r.C'mtion. The court, however, refused to order any refund of amounts paid on those unconstitutional taxes, except to the extent that the plaintiff class had been protected by an escrow arrangement set up during the pendency of this action, and also denied plaintiffs’ request for allowance of attorney fees. Both parties have…