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REEVES, INC. v. KELLEY

No. 78-1578.

603 F.2d 736 (1979)

REEVES, INC., 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 August 7, 1979.

Attorney(s) appearing for the Case

Michael B. DeMersseman and Curtis S. Jensen, of Gunderson, Farrar, Aldrich, Warder & DeMersseman, Rapid City, S.D., on brief, for appellants.

Dennis M. Kirven, of Kirven & Kirven, Buffalo, Wyo., on brief, for appellee.

Before LAY, ROSS and McMILLIAN, Circuit Judges.

LAY, Circuit Judge.

The Supreme Court has remanded our decision, 586 F.2d 1230 (8th Cir.1978), for us to reconsider in light of its recent opinion in Hughes v. Oklahoma, ___ U.S. ___, 99 S.Ct. 1727, 60 L.Ed.2d 250 (1979). Upon review, we discern significant differences between the cases which cause us to adhere to our earlier holding that the Commerce Clause, Art. I, § 8, cl. 3 of the United States Constitution, is not...

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