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SOUTH-CENTRAL TIMBER DEVELOPMENT, INC. v. LeRESCHE

Civ. No. A80-311.

511 F.Supp. 139 (1981)

SOUTH-CENTRAL TIMBER DEVELOPMENT, INC., Plaintiff, v. Robert LeRESCHE, Commissioner of Department of Natural Resources of the State of Alaska; Geoffrey Haynes, Director, Division of Natural Resources, and Deputy Commissioner of Department of Natural Resources of the State of Alaska; and Theodore G. Smith, Director of Division of Forest, Land and Water Management, of Department of Natural Resources of the State of Alaska, Defendants, Kenai Lumber Company, Intervenor.

United States District Court, D. Alaska.

January 5, 1981.

Attorney(s) appearing for the Case

LeRoy E. DeVeaux, Wanamaker, DeVeaux & Crabtree, Anchorage, Alaska, for plaintiff.

Shelley J. Higgins, Asst. Atty. Gen., State of Alaska Dept. of Law, Mark L. Figura, Burr, Pease & Kurtz, Anchorage, Alaska, for defendants.

MEMORANDUM AND ORDER

VON DER HEYDT, Chief Judge.

THIS CAUSE comes before the court on cross motions by plaintiff and defendant for summary judgment, and defendant-intervenor's motion to dismiss. The parties agree that the sole issue to be decided is whether the State's requirement of primary manufacture violates the Commerce Clause of the United States Constitution.1 As the matter in controversy exceeds the sum of $10,000, this...

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