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