Legal Opinion

Big Country Foods, Inc. v. Board of Education of the Anchorage School District

Court of Appeals for the Ninth Circuit

Decided January 3, 1992No. 91-35087PublishedCited by 1 opinion

1Opinion of the Court

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 claims that this in-state preference violates federal statutes requiring open and free competition among suppliers of products under the National School Breakfast Program, 42 U.S.C. § 1771 et…

2Cases cited19 opinions

  1. Heckler v. ChaneySupreme Court of the United States · 1985
  2. Scanwell Laboratories, Inc. v. John H. Shaffer, Administrator (Acting) of the Federal Aviation AdministrationCourt of Appeals for the D.C. Circuit · 1970
  3. Maine v. TaylorSupreme Court of the United States · 1986
  4. New Energy Co. of Indiana v. LimbachSupreme Court of the United States · 1988
  5. Hughes v. Alexandria Scrap Corp.Supreme Court of the United States · 1976

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3Cited by1 opinion

  1. Big Country Foods, Inc. v. Board Of Education Of The Anchorage School DistrictCourt of Appeals for the Ninth Circuit · 1992

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