United States Second Circuit
Am. Trucking Ass’ns v. N.Y. State Thruway Auth., 14-3348
In a suit alleging that the New York State Thruway Authority charges excessive tolls in violations of the Commerce Clause of the US Constitution, the district court's dismissal under Federal Rule of Civil Procedure 12 (b)(7) for failure to join a necessary party (the State of New York), is vacated where the ruling was an abuse of discretion.
Appellate Information
- Decided 08/04/2015
- Published 08/04/2015
Judges
- Jacobs
Court
- United States Second Circuit