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BIG COUNTRY FOODS, INC. v. BOARD OF EDUC.

No. 91-35087.

952 F.2d 1173 (1992)

BIG COUNTRY FOODS, INC., an Alaska corporation, Plaintiff-Appellant, v. BOARD OF EDUCATION OF the ANCHORAGE SCHOOL DISTRICT, ANCHORAGE, ALASKA; United States Department of Agriculture, an Agency of the United States of America; Edward R. Madigan, Individually and as Secretary of the United States Department of Agriculture; William Demmert, as Commissioner of Education for the State of Alaska, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 3, 1992.

Attorney(s) appearing for the Case

Sema E. Lederman, Hansen & Lederman, Anchorage, Alaska, for plaintiff-appellant.

Michael E. Robinson, Dept. of Justice, Washington, D.C., for federal appellees.

Sarah J. Felix, Asst. Atty. Gen., Juneau, Alaska, for state appellee.

Before WRIGHT, THOMPSON and T.G. NELSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

OVERVIEW

Big Country Foods, Inc. ("Big Country") filed a complaint in the district court in Alaska seeking a declaratory judgment that Alaska Statute (AS) § 36.15.050 violates the commerce clause of the United States Constitution, because it gives a 7% bidding preference to Alaska milk harvesters in contracting to supply milk to school districts in Alaska. Big Country also...

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