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REEVES, INC. v. STAKE

No. 79-677.

447 U.S. 429 (1980)

100 S.Ct. 2271

65 L.Ed.2d 244

REEVES, INC. v. STAKE ET AL.

Supreme Court of United States.

Decided June 19, 1980.

Attorney(s) appearing for the Case

Dennis M. Kirven argued the cause and filed a brief for petitioner.

William J. Janklow argued the cause for respondents. On the brief were Michael B. DeMersseman and Curtis S. Jensen.

MR. JUSTICE BLACKMUN delivered the opinion of the Court.

The issue in this case is whether, consistent with the Commerce Clause, U. S. Const., Art. I, § 8, cl. 3, the State of South Dakota, in a time of shortage, may confine the sale of the cement it produces solely to its residents.

I

In 1919, South Dakota undertook plans to build a cement plant. The project, a product of the State's then prevailing Progressive political movement, was initiated...

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