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HUGHES v. OKLAHOMA

No. 77-1439.

441 U.S. 322 (1979)

HUGHES v. OKLAHOMA.

Supreme Court of United States.

Decided April 24, 1979.

Attorney(s) appearing for the Case

Robert M. Helton argued the cause and filed a brief for appellant.

Bill J. Bruce argued the cause for appellee. With him on the brief was Larry Derryberry, Attorney General of Oklahoma.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

The question presented for decision is whether Okla. Stat., Tit. 29, § 4-115 (B) (Supp. 1978), violates the Commerce Clause, Art. I, § 8, cl. 3, of the United States Constitution, insofar as it provides that "[n]o person may transport or ship minnows for sale outside the state which were seined or procured within the waters of this state . . . ."1

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