Legal Opinion
R & M Oil & Supply, Inc., an Illinois Corporation v. John L. Saunders, Director, Department of Agriculture of the State of Missouri
Court of Appeals for the Eighth Circuit
Decided October 11, 2002No. 02-2370PublishedCited by 18 opinions
1Opinion of the Court
MORRIS SHEPPARD ARNOLD, Circuit Judge.
This case raises a constitutional challenge to a Missouri statute regulating the storage of propane. R & M Oil & Supply, Inc., filed an action against Missouri’s Director of Agriculture requesting that the district court 2 declare that Mo.Rev.Stat. § 323.060.1 violates the commerce clause of the United States Constitution. The district court agreed with R & M and enjoined the statute’s enforcement. The state appeals, arguing that the burden on interstate commerce that the statute creates does not exceed the local benefits derived from it. Because we agree…
2Cases cited9 opinions
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994
- Healy v. Beer InstituteSupreme Court of the United States · 1989
- C & a Carbone, Inc. v. Town of ClarkstownSupreme Court of the United States · 1994
- General Motors Corp. v. TracySupreme Court of the United States · 1997
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Cherry Hill Vineyard, LLC v. BaldacciCourt of Appeals for the First Circuit · 2007
- Kleinsmith v. ShurtleffCourt of Appeals for the Tenth Circuit · 2009
- South Dakota Farm Bureau, Inc. South Dakota Sheep Growers Association, Inc. Haverhals Feedlot, Inc. Sjovall Feedyard, Inc. Frank D. Brost Donald Tesch William A. Aeschlimann Spear H. Ranch, Inc. Marston Holben Marston and Marian Holben Family Trust Montana-Dakota Utilities Company Northwestern Public Service Otter Tail Power Company v. Joyce Hazeltine, in Her Official Capacity as Secretary of State of South Dakota Mark W. Barnett, in His Official Capacity as Attorney General of South Dakota, Dakota Rural Action South Dakota Resources Coalition, Intervenors State of Nebraska Everett Holstein Rudy Meduna Dan Hodges, Amicus on Behalf of the American Farm Bureau Federation Alabama Farm Bureau Federation Arkansas Farm Bureau Federation Kansas Farm Bureau Federation Kentucky Farm Bureau Federation Minnesota Farm Bureau Federation North Dakota Farm Bureau Federation Utah Farm Bureau Federation, Amicus on Behalf of South Dakota Farm Bureau, Inc. South Dakota Sheep Growers Association, Inc. Haverhals Feedlot, Inc. Sjovall Feedyard, Inc. Frank D. Brost Donald Tesch William A. Aeschlimann Spear H. Ranch, Inc. Marston Holben Marston and Marian Holben Family Trust Montana-Dakota Utilities Company Northwestern Public Service Otter Tail Power Company v. Joyce Hazeltine, in Her Official Capacity as Secretary of State of South Dakota Mark W. Barnett, in His Official Capacity as Attorney General of South Dakota, Dakota Rural Action South Dakota Resources Coalition, Intervenors Everett Holstein Rudy Meduna Dan Hodges, Amicus on Behalf of South Dakota Farm Bureau, Inc. South Dakota Sheep Growers Association, Inc. Haverhals Feedlot, Inc. Sjovall Feedyard, Inc. Frank D. Brost Donald Tesch William A. Aeschlimann, Spear H. Ranch, Inc. Marston Holben Marston and Marian Holben Family Trust, Montana-Dakota Utilities Company Northwestern Public Service Otter Tail Power Company v. Joyce Hazeltine, in Her Official Capacity as Secretary of State of South Dakota Mark W. Barnett, in His Official Capacity as Attorney General of South Dakota, Dakota Rural Action South Dakota Resources Coalition, Intervenors South Dakota Farm Bureau, Inc. South Dakota Sheep Growers Association, Inc. Haverhals Feedlot, Inc. Sjovall Feedyard, Inc. Frank D. Brost Donald Tesch William A. Aeschlimann, Spear H. Ranch, Inc. Marston Holben Marston and Marian Holben Family Trust Montana-Dakota Utilities Company Northwestern Public Service Otter Tail Power Company v. Joyce Hazeltine, in Her Official Capacity as Secretary of State of South Dakota Mark W. Barnett, in His Official Capacity as Attorney General of South Dakota, Dakota Rural Action South Dakota Resources Coalition, IntervenorsCourt of Appeals for the Eighth Circuit · 2003
- Grand River Enterprises Six Nations, Ltd. v. BeebeCourt of Appeals for the Eighth Circuit · 2009
- Jones v. GaleCourt of Appeals for the Eighth Circuit · 2006
13 more not listed; retrieve them via the Exa API.