REEVES, INC. v. KELLEY

Nos. 78-1578, 78-1720 and 78-1721.

586 F.2d 1230 (1978)

REEVES, INC., Appellee, v. Tom KELLEY, Stan Frank, John E. Phelps, Al Sandvig and Dave Johnson, Members of the South Dakota Cement Commission, Appellants. MULLINAX CONCRETE SERVICE COMPANY, a corporation, Appellee, v. Tom KELLEY, Stan Frank, John E. Phelps, Al Sandvig and Dave Johnson, Members of the South Dakota Cement Commission, Appellants. RUSSELL'S READY MIX, INC., a corporation, Appellee, v. Tom KELLEY, Stan Frank, John E. Phelps, Al Sandvig, and Dave Johnson, Members of the South Dakota Cement Commission, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided November 7, 1978.


Attorney(s) appearing for the Case

Donald R. Shultz of Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, S. D., for appellants.

George A. Bangs of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, S. D., argued, and Dennis M. Kirven of Kirven & Kirven, Buffalo, Wyo., on brief, for appellees.

Before LAY, ROSS and McMILLIAN, Circuit Judges.


LAY, Circuit Judge.

In 1919 the State of South Dakota, as authorized by its constitution, created a cement commission by legislative charter to carry out the manufacture, distribution and sale of cement as "works of public necessity and importance." S.D.Const. art. XIII, § 10; S.D. Compiled Laws Ann. § 5-17-1, -2, -9. See generally, Eakin v. South Dakota State Cement Comm'n, 44 S.D. 268, 183 N.W. 651 (1921). In the past the Commission has operated...

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