Legal Opinion

United States v. Robert J. Taylor

Court of Appeals for the First Circuit

Decided April 10, 1985No. 84-1699PublishedCited by 7 opinions

1Opinion of the Court

MALETZ, Senior Judge.

A Maine statute provides: “A person is guilty of importing live bait if he imports into this state any live fish, including smelts, which are commonly used for bait fishing in inland waters.” Me.Rev.Stat. Ann. tit. 12, § 7613 (1981). The question presented is whether this statute violates the Commerce Clause, art. I, § 8, cl. 3, of the United States Constitution. We hold that it does and accordingly reverse the district court’s denial of defendant’s motion to dismiss his indictment under that statute.

I. Background

Defendant was charged in a two-count indictment under the…

2Cases cited29 opinions

  1. Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
  2. Pullman-Standard v. SwintSupreme Court of the United States · 1982
  3. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
  4. Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
  5. Minnesota v. Clover Leaf Creamery Co.Supreme Court of the United States · 1981

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3Cited by7 opinions

  1. Maine v. TaylorSupreme Court of the United States · 1986
  2. Timken Co. v. United StatesUnited States Court of International Trade · 1986
  3. Nancy Strickland v. Commissioner, Maine Department of Human Services v. Secretary, U.S. Department of Agriculture, Third-PartyCourt of Appeals for the First Circuit · 1995
  4. Maine v. TaylorSupreme Court of the United States · 1986
  5. NAT. ASS'N OF FUNDRAISING TICKET MFRS. v. HumphreyDistrict Court, D. Minnesota · 1990

2 more not listed; retrieve them via the Exa API.

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