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SOUTH-CENTRAL TIMBER DEVELOPMENT, INC. v. LeRESCHE

Nos. 81-3053X, 81-3081X.

693 F.2d 890 (1982)

SOUTH-CENTRAL TIMBER DEVELOPMENT, INC., Plaintiff-Appellee, v. Robert LeRESCHE, Commissioner of the Department of Natural Resources of the State of Alaska; et al., Defendants-Appellants, Kenai Lumber Company, Inc., Intervenor Defendant. SOUTH-CENTRAL TIMBER DEVELOPMENT, INC., Plaintiff-Appellee, v. Robert LeRESCHE, Commissioner of the Department of Natural Resources of the State of Alaska; et al., Defendants, Kenai Lumber Company, Inc., Intervenor Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 1, 1982.

Attorney(s) appearing for the Case

LeRoy E. DeVeaux, Wanamaker, DeVeaux & Crabtree, Anchorage, Alaska, for South-Central.

Shelly J. Higgins, Asst. Atty. Gen., Anchorage, Alaska, for LeResche and State of Alaska.

Richard Helm, Burr, Pease & Kurt, Anchorage, Alaska, for Kenai Lumber Co.

Before GOODWIN, KENNEDY, and SKOPIL, Circuit Judges.

KENNEDY, Circuit Judge:

The State of Alaska, by statute, authorizes the imposition of certain conditions on the sale of state-owned timber, conditions pointedly designed to favor its local timber processors. In an action brought by a prospective timber buyer challenging the constitutionality of the state's restrictions, the district court held the Alaska statute violates the commerce clause of the United States Constitution. We conclude there is implicit approval...

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