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DENNIS v. HIGGINS

No. 89-1555.

498 U.S. 439 (1991)

DENNIS v. HIGGINS, DIRECTOR, NEBRASKA DEPARTMENT OF MOTOR VEHICLES, ET AL.

Supreme Court of the United States.

Decided February 20, 1991.

Attorney(s) appearing for the Case

Richard E. Allen argued the cause and filed briefs for petitioner.

L. Jay Bartel, Assistant Attorney General of Nebraska, argued the cause for respondents. With him on the brief were Robert M. Spire, Attorney General, and Arthur E. Wilmarth, Jr.*

JUSTICE WHITE delivered the opinion of the Court.

This case presents the question whether suits for violations of the Commerce Clause may be brought under 93 Stat. 1284, as amended, 42 U. S. C. § 1983. We hold that they may.

I

Petitioner does business as an unincorporated motor carrier with his principal place of business in Ohio. He owns tractors and trailers that are registered in Ohio and operated...

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