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STATE OF NEV. v. SKINNER

No. 88-2486.

884 F.2d 445 (1989)

The STATE OF NEVADA, Plaintiff-Appellant, v. Samuel K. SKINNER Secretary of Transportation for the United States; and A.J. Horner, Chief of the Nevada Division of the Federal Highway Administration, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 31, 1989.

Attorney(s) appearing for the Case

Brian McKay, Atty. Gen. of Nevada, Carson City, Nev., Brooke A. Nielsen, Chief Deputy Atty. Gen., Nevada Dept. of Transp., Carson City, Nev., for plaintiff-appellant.

Shirley Smith, U.S. Attys. Office, Reno, Nev., Sandra M. Schraibman, Leonard Schaitman, and Robert V. Zener, Dept. of Justice, Washington, D.C., for defendants-appellees.

Before TANG, REINHARDT and WIGGINS, Circuit Judges.

REINHARDT, Circuit Judge:

This case raises the first challenge to the constitutionality of the national speed limit. The constitutional question is a fundamental one involving the distribution of powers between the federal government and the states. After fully considering the relevant issues, we decide in favor of the federal government and uphold the national speed limit.

In 1916, Congress enacted the Federal Aid Highway Act ("the Highway Act"). Under the...

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