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Sep 16, 2008

Clean Truck Program * Cal, USA - ATA To Ninth Circuit: Jobs, Businesses At Stake, Time Short

The American Trucking Associations filed an emergency motion Friday evening with the Ninth Circuit Court of Appeal, asking the court to rule by no later than Sept. 30 on the ATA's request for a preliminary injunction against truck concession plans at the Port of Long Beach and Port of Los Angeles

Long Beach,CAL,USA -The Cunningham Report -14 Sept 2008: -- ... The concession plans are due to go into effect on Oct. 1. After that date, no trucking company without a concession will be allowed to service terminals at either port... The ATA argued in its brief that denial of a preliminary injunction would force up to 1,300 motor carriers and 17,000 independent owner-operators "to either accept unconstitutional regulation or to stop serving the ports entirely - thus incurring irreversible economic consequences and loss of goodwill that cannot be remedied through money damages"... The brief accuses U.S. District Judge Christina Snyder of a circular contention that the argument of irreparable harm to trucking companies was rebutted because they could avoid severe economic damage by singing the Concession Agreements... The judge should have assessed whether irreparable harm would befall trucking companies that refused to sign the Concession Agreements, "not those whom circumstances might compel to accede to the violation of their constitutional rights," the ATA brief says...

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