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v. AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, COUNCIL 31, et al., Respondents. CITATION CODES. Argued April 16, 1980-Decided June 19, 1980 For more than 50 years, South Dakota has operated a cement plant that produced cement for both state residents and out-of-state buyers. REEVES, INC. v. STAKE(1980) No. Get Cappaert v. United States, 426 U.S. 128 (1976), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. 79-677. Reeves, Inc. v. Stake. There are -- Reeves, as in they're arguing today, we've got cement piled up over the place. REEVES, INC. v. STAKE Syllabus REEVES, INC. v. STAKE ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No. Reeves Inc. v. Stake . 2d 71, 1984 U.S. I, … … For more than 50 years, South Dakota has operated a cement plant that produced cement for both state residents and out-of-state buyers. Harry Andrew Blackmun. This … Reeves, Inc. v. Stake, 447 U.S. 429. This principle was established by the United States Supreme Court in Reeves, Inc. v. Stake, 447 U.S. 429 (1980), in which the Court upheld South Dakota's right to give South Dakota residents preferential treatment in the purchase of cement produced at a cement plant owned and operated by the state. REEVES, INC. v. STAKE. Reeves, Inc., a ready-mix concrete distributor in Wyoming, from 1958 until 1978 obtained 95 percent of its cement from the state-owned plant in South Dakota. Written and curated by real attorneys at Quimbee. The U.S.A. of America Court of Appeals for the Eight Circuit entered judgment for accused nation inwards plaintiff out-of-state buyer's activity alleging that the state's reaffirmation of a policy to sell cement to in-state residents kickoff violated the Commerce Clause, U.S. REEVES, INC. V. STAKE 447 U.S. 429 (1980) CASE BRIEF REEVES, INC. V. STAKE. The issue in this case is whether, consistent with the Commerce Clause, U.S. 4 See, e.g., Reeves, Inc. v. Stake, 447 U.S. 429 (1980) (permitting state to sell state-owned cement only to state residents); Chance Mgmt., Inc. v. South Dakota, 97 F.3d 1107 (8th Cir. Argued April 21, 1992 Decided June … CASE BRIEF WORKSHEET Title of Case: Reeves, Inc. v. William Stake, US SC 1980 Facts: SD built a cement plant to deal with cement shortages in the state. FACTS: In 1919, South Dakota undertook plans to build a cement plant. This opinion cites 34 opinions. Reflecting a statewide trend, preliminary pupil counts for Grand County schools show a significant drop in enrollment this year. Const., Art. Decided June 19, 1980. See Reeves, Inc. v. Stake, 447 U.S. 429 (1980), was a United States Supreme Court case in which the Court held that individual states, when acting as producers or suppliers rather than as market regulators, may discriminate preferentially against out-of-state residents. 3, the State of South Dakota, in a time of shortage, may confine the sale of the cement it produces solely to its residents. DOCKET NO. v. , 263 U.S. 365, 373 (1923). In arguing Reeves, Janklow became the first sitting governor to argue before the Supreme Court on behalf of his state. 447 U.S. 429. See Reeves, Inc. v. Stake, 447 U. S. 429 (1980); cf. The case had been initiated while he was attorney general, and Janklow argued it because he was the attorney in South Dakota's government who was most familiar with the details. South-Central Timber Development, Inc v. Commissioner, Department of Natural Resources of Alaska Commissioner, Department of Natural Resources of Alaska Citation 467 U.S. 82, 104 S. Ct. 2237, 81 L. Ed. In 1978, various difficulties at the cement plant forced a cut in production. Contributor Names Blackmun, Harry A. In 1978, because of a cement shortage, the State … Dennis M. Kirven: It pays the profit over and I think -- Warren E. Burger: I beg your pardon? The SD Cement Commission concluded all of the cement produced would be needed inside the state. 1996) (upholding state's residency requirement for licenses to operate video lottery machines). _____ On Writ of Certiorari to the Supreme Court of Alaska _____ BRIEF OF MULTISTATE TAX COMMISSION AS AMICUS CURIAE IN SUPPORT OF RESPONDENT _____ Joe B. Huddleston, Executive Director Shirley K. Sicilian, General Counsel Counsel of Record Multistate Tax Commission 444 No. Facing a serious cement shortage, South Dakota reaffirmed its policy of supplying all South Dakota's customers first and to honor all contract commitments, with the remaining volume allocated on a first come, first served basis. JUDGES . ATTORNEY(S) Dennis M. Kirven argued the cause and filed a brief for petitioner. v. CITY OF VALDEZ, ALASKA, Respondent. Coast., Art. The project, a product of the State's then … Gould Inc., 475 U.S. 282, 289 (1986); Reeves, Inc. v. Stake, 447 U.S. 429, 437 (1980). Title U.S. Reports: Reeves, Inc. v. Stake, 447 U.S. 429 (1980). No. Decided June 19, 1980. Audio Transcription for Oral Argument - April 16, 1980 (Part 2) in Reeves Inc. v. Stake Audio Transcription for Oral Argument - April 16, 1980 (Part 1) in Reeves Inc. v. Stake William J. Janklow: There were times when it did provide it at a loss. Philadelphia v. New Jersey, 437 U.S. at 437 U. S. 627-628, and n. 6; Baldwin v. Montana Fish and Game Comm'n, 436 U. S. 371 (1978). ON OFF. Statewide, the Colorado Department of Education is reporting a decrease in student numbers for the first time in more than … Chemical Waste Management, Inc. v. Hunt, 504 U.S. 334 (1992), was a United States Supreme Court case that held that an Alabama law imposing a fee (of $72 per ton) on out-of-state hazardous waste being disposed of in-state violated the Dormant Commerce Clause. 79-677. ADVOCATES: Dennis M. Kirven – Argued the cause for the petitioner William J. Janklow – … The State Cement Commission chose to supply all South Dakota customers first and to honor other contract commitments. For more than 50 years, South Dakota has operated a cement plant that produced cement for both state residents and out-of-state buyers. Oral Argument - April 16, 1980 (Part 1) Oral Argument - April 16, 1980 (Part 2) Audio Transcription for Oral Argument - April 16, 1980 (Part 2) in Reeves Inc. v. Stake Audio Transcription for Oral Argument - April 16, 1980 (Part 1) in Reeves Inc. v. Stake Harry A. Blackmun: Let me ask you one other question. Eighth Circuit. 79-677. REEVES, INC. v. STAKE 447 U.S. 429 (1980) Decided June 19, 1980. Audio Transcription for Oral Argument - April 16, 1980 (Part 2) in Reeves Inc. v. Stake Audio Transcription for Oral Argument - April 16, 1980 (Part 1) in Reeves Inc. v. Stake William J. Janklow: Yes, sir. Text Highlighter; Bookmark; PDF; Share; CaseIQ TM. William J. Janklow argued the cause for respondents. 79-677 Argued: April 16, 1980 Decided: June 19, 1980. Syllabus. Rule of Law and Holding. Listen to the opinion: Tweet Brief Fact Summary. Due to a cement shortage, the State Cement Commission enacted a policy that required a state cement plant that had previously Reeves, Inc., Petitioner, On Writ of Certiorari to the United v. States Court of Appeals for the William Stake et al. A facial examination of the first three conditions set forth in § 46-613.01 does not, therefore, indicate that they impermissibly burden interstate commerce. DOCKET NO. Reeves, Inc. v. Stake, 447 U.S. 429 (1980), was a United States Supreme Court case in which the Court held that individual states, when acting as producers or suppliers rather than as market regulators, may discriminate preferentially against out-of-state residents. 447 U.S. 429 (1980) CASE SYNOPSIS. Capitol St., N.W., Suite 425 Washington, D.C. … Reeves, Inc. v. William Stake Supreme Court of the United States, 1980 447 U.S. 429. What state would you be in if you were located at N 45°30ʹ0ʺ, W 69°0ʹ0ʺ? Lewis Franklin Powell. In 1978, because of a cement shortage, the State Cement Commission announced a policy to confine the sale of cement by the state plant to residents of the State. 447 U.S. 429. Media for Reeves Inc. v. Stake. Facts: South Dakota built a cement plant in Rapid City in response to recent regional cement shortages. On the brief were Michael B. DeMersseman and Curtis S. Jensen. 447 U.S. 429 (1980) NATURE OF THE CASE: An appeal to determine if a state regulation burdens interstate commerce when the state is a market participant and advantages its own citizens. Syllabus. The Court accordingly has recog-nized that the exercise of such jurisdiction is paradig-matically appropriate in cases that concern the clash of sovereign interests. In Reeves, Inc. v. Stake (1980) 447 U.S. 429, the Supreme Court held that a policy of the South Dakota Cement Commission was constitutional. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT BRIEF OF STEVE BULLOCK, GOVERNOR OF MONTANA, AS AMICUS CURIAE IN SUPPORT OF RESPONDENTS RAPHAEL GRAYBILL Chief Legal Counsel Office of the … PETITIONER:Reeves Inc. RESPONDENT:Stake. : 79-677 DECIDED BY: Burger Court (1975-1981) LOWER COURT: United States Court of Appeals for the Eighth Circuit. For more than 50 years, South Dakota has operated a cement plant that produced cement for both state residents and out-of-state buyers. Social Studies, 18.12.2020 20:40 balla40. Quimbee; Lexis OverDrive Study Aids; West Study Aids; West Audio CDs; Wolters Kluwer Study Aids; CALI Lessons; Print Resources; Oyez Oyez (pronounced oh-yay), a free law project at Chicago-Kent, is a multimedia archive devoted to making the Supreme Court of the United States accessible to everyone. I, 8, cl. No. No. 79-677. CITATION: 447 US 429 (1980) ARGUED: Apr 16, 1980 DECIDED: Jun 19, 1980. EJune —, 1980] MR. JUSTICE BLACKMLN delivered the opinion of the Court. Byron R. White:-- say an individual -- say an individual contractor from Denver operating in his own name, comes up to bid up there. Argued April 16, 1980. The issue in this case is whether, consistent with the Corn-merce Clause, U. S. MR. JUSTICE BLACKMUN delivered the opinion of the Court. Reeves, Inc. v. William Stake illustration brief summary . Because Maryland required out-of-state processors, but not in-state processors, to submit burdensome documentation to claim their bounties, the state effectively favored in-state processors over out-of-state processors. Audio Transcription for Oral Argument - April 16, 1980 (Part 2) in Reeves Inc. v. Stake Audio Transcription for Oral Argument - April 16, 1980 (Part 1) in Reeves Inc. v. Stake Warren E. Burger: Does this plant pay taxes to the State of South Dakota for its operations? LOCATION:Rincon Island. [citation needed] Chemical Waste Management, Inc. v. Hunt; Supreme Court of the United States. Reeves Inc v William Stake Issue: Whether the Commerce Clause is consistent with South Dakota law that in a time of shortage, the state may confine the sale of the cement it produces solely to its residents. Argued April 16, 1980. Reeves, Inc. v. Stake. In 1980, Janklow argued Reeves, Inc. v. Stake before the U.S. Supreme Court. 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