Legal Opinion
Reeves, Inc. v. Kelley
Court of Appeals for the Eighth Circuit
Decided November 7, 1978No. Nos. 78-1578, 78-1720 and 78-1721PublishedCited by 4 opinions
1Opinion of the Court
LAY, Circuit Judge.
In 1919 the State of South Dakota, as authorized by its constitution, created a cement commission by legislative charter to carry out the manufacture, distribution and sale of cement as “works of public necessity and importance.” S.D.Const. art. XIII, § 10; S.D. Compiled Laws Ann. § 5-17-1, -2, -9. See generally, Eakin v. South Dakota State Cement Comm’n, 44 S.D. 268, 183 N.W. 651 (1921). In the past the Commission has operated a cement plant and has sold its products to out of state customers as well as to South Dakota residents. In recent months the demand for cement has…
2Cases cited12 opinions
- National League of Cities v. UserySupreme Court of the United States · 1976
- City of Philadelphia v. New JerseySupreme Court of the United States · 1978
- Paul v. VirginiaSupreme Court of the United States · 1869
- Toomer v. WitsellSupreme Court of the United States · 1948
- Pennsylvania v. West VirginiaSupreme Court of the United States · 1923
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3Cited by4 opinions
- Reeves, Inc. v. StakeSupreme Court of the United States · 1980
- South Dakota State Cement Plant Commission v. Wausau Underwriters InsuranceDistrict Court, D. South Dakota · 1991
- Reeves, Inc. v. StakeSupreme Court of the United States · 1980
- Reeves, Inc. v. Tom Kelley, Stan Frank, John E. Phelps, Al Sandvig and Dave Johnson, Members of the South Dakota Cement Commission, Mullinax Concrete Service Company, a Corporation v. Tom Kelley, Stan Frank, John E. Phelps, Al Sandvig and Dave Johnson, Members of the South Dakota Cement Commission, Russell's Ready Mix, Inc., a Corporation v. Tom Kelley, Stan Frank, John E. Phelps, Al Sandvig, and Dave Johnson, Members of the South Dakota Cement CommissionCourt of Appeals for the Eighth Circuit · 1978