REEVES, INC. v. STAKE 447 U.S. 429 (1980) Decided June 19, 1980. 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. 79-677. 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. 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. MR. JUSTICE BLACKMUN delivered the opinion of the Court. (Judge) Supreme Court of the United States (Author) JUDGES . 3, the State of South Dakota, in a time of shortage, may confine the sale of the cement it produces solely to its residents. EJune —, 1980] MR. JUSTICE BLACKMLN delivered the opinion of the Court. Syllabus. 447 U.S. 429 (1980) CASE SYNOPSIS. The State Cement Commission chose to supply all South Dakota customers first and to honor other contract commitments. 79-677. Title U.S. Reports: Reeves, Inc. v. Stake, 447 U.S. 429 (1980). 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. 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. Reeves, Inc. v. William Stake illustration brief summary . 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. No. The issue in this case is whether, consistent with the Corn-merce Clause, U. S. : 79-677 DECIDED BY: Burger Court (1975-1981) LOWER COURT: United States Court of Appeals for the Eighth Circuit. I, … What state would you be in if you were located at N 45°30ʹ0ʺ, W 69°0ʹ0ʺ? v. , 263 U.S. 365, 373 (1923). 2d 71, 1984 U.S. Byron R. White:-- say an individual -- say an individual contractor from Denver operating in his own name, comes up to bid up there. PETITIONER:Reeves Inc. RESPONDENT:Stake. 79-677. I, 8, cl. Eighth Circuit. ADVOCATES: Dennis M. Kirven – Argued the cause for the petitioner William J. Janklow – … Coast., Art. Reeves Inc. v. Stake . Get Cappaert v. United States, 426 U.S. 128 (1976), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No. 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. Const., Art. 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. 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. Argued April 16, 1980. Written and curated by real attorneys at Quimbee. The issue in this case is whether, consistent with the Commerce Clause, U.S. Lewis Franklin Powell. Argued April 16, 1980. Gould Inc., 475 U.S. 282, 289 (1986); Reeves, Inc. v. Stake, 447 U.S. 429, 437 (1980). Capitol St., N.W., Suite 425 Washington, D.C. … 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. This … REEVES, INC. v. STAKE. ATTORNEY(S) Dennis M. Kirven argued the cause and filed a brief for petitioner. Harry Andrew Blackmun. Argued April 21, 1992 Decided June … Reflecting a statewide trend, preliminary pupil counts for Grand County schools show a significant drop in enrollment this year. Social Studies, 18.12.2020 20:40 balla40. 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. LOCATION:Rincon Island. REEVES, INC. V. STAKE 447 U.S. 429 (1980) CASE BRIEF REEVES, INC. V. STAKE. See Decided June 19, 1980. 1996) (upholding state's residency requirement for licenses to operate video lottery machines). 79-677 Argued: April 16, 1980 Decided: June 19, 1980. 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. v. AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, COUNCIL 31, et al., Respondents. The project, a product of the State's then … 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. ON OFF. 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 … CITATION: 447 US 429 (1980) ARGUED: Apr 16, 1980 DECIDED: Jun 19, 1980. Listen to the opinion: Tweet Brief Fact Summary. 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. DOCKET NO. 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. 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. _____ 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. 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. Syllabus. REEVES, INC. v. STAKE(1980) No. 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. For more than 50 years, South Dakota has operated a cement plant that produced cement for both state residents and out-of-state buyers. [citation needed] Chemical Waste Management, Inc. v. Hunt; Supreme Court of the United States. 447 U.S. 429. 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. Reeves, Inc. v. Stake. For more than 50 years, South Dakota has operated a cement plant that produced cement for both state residents and out-of-state buyers. 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. Decided June 19, 1980. Reeves, Inc. v. William Stake Supreme Court of the United States, 1980 447 U.S. 429. Statewide, the Colorado Department of Education is reporting a decrease in student numbers for the first time in more than … REEVES, INC. v. STAKE Syllabus REEVES, INC. v. STAKE ET AL. In 1978, because of a cement shortage, the State … Text Highlighter; Bookmark; PDF; Share; CaseIQ TM. Media for Reeves Inc. v. Stake. Reeves, Inc., Petitioner, On Writ of Certiorari to the United v. States Court of Appeals for the William Stake et al. In 1980, Janklow argued Reeves, Inc. v. Stake before the U.S. Supreme Court. FACTS: In 1919, South Dakota undertook plans to build a cement plant. … There are -- Reeves, as in they're arguing today, we've got cement piled up over the place. 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. No. This opinion cites 34 opinions. No. Dennis M. Kirven: It pays the profit over and I think -- Warren E. Burger: I beg your pardon? In arguing Reeves, Janklow became the first sitting governor to argue before the Supreme Court on behalf of his state. See Reeves, Inc. v. Stake, 447 U. S. 429 (1980); cf. 79-677. Reeves, Inc. v. Stake, 447 U.S. 429. Reeves, Inc. v. Stake. Facts: South Dakota built a cement plant in Rapid City in response to recent regional cement shortages. DOCKET NO. Due to a cement shortage, the State Cement Commission enacted a policy that required a state cement plant that had previously Contributor Names Blackmun, Harry A. Rule of Law and Holding. 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? A facial examination of the first three conditions set forth in § 46-613.01 does not, therefore, indicate that they impermissibly burden interstate commerce. v. CITY OF VALDEZ, ALASKA, Respondent. William J. Janklow argued the cause for respondents. CITATION CODES. For more than 50 years, South Dakota has operated a cement plant that produced cement for both state residents and out-of-state buyers. The SD Cement Commission concluded all of the cement produced would be needed inside the state. 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. 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). In 1978, various difficulties at the cement plant forced a cut in production. 447 U.S. 429. 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