ROBERTS v. LEVINE

No. 90-5023MN.

921 F.2d 804 (1990)

Bob ROBERTS, d/b/a Bob Roberts Trucking, Appellant, v. Leonard W. LEVINE, Commissioner of Transportation of the State of Minnesota, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 26, 1990.


Attorney(s) appearing for the Case

Kelton Gage, Mankato, Minn., for appellant.

Gordon L. Moore III, St. Paul, Minn., for appellee.

Before WOLLMAN and MAGILL, Circuit Judges, and FLOYD R. GIBSON, Senior Circuit Judge.


MAGILL, Circuit Judge.

Bob Roberts, d/b/a Bob Roberts Trucking, appeals the district court's order granting summary judgment for Leonard W. Levine, Minnesota's Commissioner of Transportation, in Roberts' declaratory action to determine whether he was engaged in interstate commerce when Minnesota cited him for transporting grain and urea, a nitrogen-based fertilizer, without a state permit. Roberts argues that his intrastate transport of the goods was one part of an...

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