For more than 50 years, South Dakota has operated a cement plant that produced cement for both state residents and out-of-state buyers. _____ 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. 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. 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. Harry Andrew Blackmun. 447 U.S. 429. 79-677. Decided June 19, 1980. [citation needed] Chemical Waste Management, Inc. v. Hunt; Supreme Court of the United States. Gould Inc., 475 U.S. 282, 289 (1986); Reeves, Inc. v. Stake, 447 U.S. 429, 437 (1980). v. CITY OF VALDEZ, ALASKA, Respondent. 1996) (upholding state's residency requirement for licenses to operate video lottery machines). 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 447 U.S. 429 (1980) Decided June 19, 1980. 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. Facts: South Dakota built a cement plant in Rapid City in response to recent regional cement shortages. Get Cappaert v. United States, 426 U.S. 128 (1976), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. … 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? LOCATION:Rincon Island. REEVES, INC. v. STAKE(1980) No. Media for Reeves Inc. v. Stake. The project, a product of the State's then … v. , 263 U.S. 365, 373 (1923). 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. No. EJune —, 1980] MR. JUSTICE BLACKMLN delivered the opinion of the Court. 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. 79-677 Argued: April 16, 1980 Decided: June 19, 1980. 447 U.S. 429. Reflecting a statewide trend, preliminary pupil counts for Grand County schools show a significant drop in enrollment this year. Capitol St., N.W., Suite 425 Washington, D.C. … 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. Social Studies, 18.12.2020 20:40 balla40. DOCKET NO. Title U.S. Reports: Reeves, Inc. v. Stake, 447 U.S. 429 (1980). ADVOCATES: Dennis M. Kirven – Argued the cause for the petitioner William J. Janklow – … 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. 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 … v. AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, COUNCIL 31, et al., Respondents. ATTORNEY(S) Dennis M. Kirven argued the cause and filed a brief for petitioner. William J. Janklow argued the cause for respondents. 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). REEVES, INC. V. STAKE 447 U.S. 429 (1980) CASE BRIEF 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. CITATION: 447 US 429 (1980) ARGUED: Apr 16, 1980 DECIDED: Jun 19, 1980. 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. Written and curated by real attorneys at Quimbee. Argued April 16, 1980. Statewide, the Colorado Department of Education is reporting a decrease in student numbers for the first time in more than … This … 447 U.S. 429 (1980) CASE SYNOPSIS. REEVES, INC. v. STAKE. Lewis Franklin Powell. Decided June 19, 1980. Coast., Art. Syllabus. Reeves, Inc., Petitioner, On Writ of Certiorari to the United v. States Court of Appeals for the William Stake et al. 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. For more than 50 years, South Dakota has operated a cement plant that produced cement for both state residents and out-of-state buyers. 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. Dennis M. Kirven: It pays the profit over and I think -- Warren E. Burger: I beg your pardon? 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. Argued April 16, 1980. In 1980, Janklow argued Reeves, Inc. v. Stake before the U.S. Supreme Court. No. Contributor Names Blackmun, Harry A. The issue in this case is whether, consistent with the Corn-merce Clause, U. S. See Reeves, Inc. v. Stake, 447 U. S. 429 (1980); cf. 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. Reeves, Inc. v. William Stake illustration brief summary . MR. JUSTICE BLACKMUN delivered the opinion of the Court. The State Cement Commission chose to supply all South Dakota customers first and to honor other contract commitments. Syllabus. 2d 71, 1984 U.S. Reeves, Inc. v. Stake. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No. In 1978, various difficulties at the cement plant forced a cut in production. Reeves, Inc. v. Stake, 447 U.S. 429. See Due to a cement shortage, the State Cement Commission enacted a policy that required a state cement plant that had previously 79-677. 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. (Judge) Supreme Court of the United States (Author) : 79-677 DECIDED BY: Burger Court (1975-1981) LOWER COURT: United States Court of Appeals for the Eighth Circuit. 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. Rule of Law and Holding. FACTS: In 1919, South Dakota undertook plans to build a cement plant. 79-677. I, 8, cl. REEVES, INC. v. STAKE Syllabus REEVES, INC. v. STAKE ET AL. Eighth Circuit. On the brief were Michael B. DeMersseman and Curtis S. Jensen. 3, the State of South Dakota, in a time of shortage, may confine the sale of the cement it produces solely to its residents. 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. JUDGES . The SD Cement Commission concluded all of the cement produced would be needed inside the state. PETITIONER:Reeves Inc. RESPONDENT:Stake. 79-677. DOCKET NO. Byron R. White:-- say an individual -- say an individual contractor from Denver operating in his own name, comes up to bid up there. Reeves, Inc. v. Stake. Const., Art. 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. 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. ON OFF. This opinion cites 34 opinions. 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. I, … In arguing Reeves, Janklow became the first sitting governor to argue before the Supreme Court on behalf of his state. 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? 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. 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. Text Highlighter; Bookmark; PDF; Share; CaseIQ TM. 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. The issue in this case is whether, consistent with the Commerce Clause, U.S. Reeves Inc. v. Stake . 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