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Complete Auto Transit, Inc. Vs. Brady
Cites for this judgment
- US Supreme Court
- Mar 07, 1977
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U.S. 274 (1977) U.S. Supreme Court Complete Auto Transit, Inc. v. BradySearch
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U.S. 274 (1977) Complete Auto Transit, Inc. v. BradySearch
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against interstate commerce, and is fairly related to the services provided by the State. Spector Motor Service v. O'ConnorSearch
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U. S. 100 , 421 U. S. 101 (1975), quoting Memphis Gas Co. v. StoneSearch
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in the State may not be applied to an activity that is part of interstate commerce. See, e.g., Spector Motor Service v. O'ConnorSearch
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Freeman v. HewitSearch
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Western Live Stock v. BureauSearch
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as a trap for the unwary draftsman. II The modern origin of the Spector rule may be found in Freeman v. HewitSearch
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The narrowing of the rule to one of draftsmanship and phraseology began with another Mississippi case, Memphis Gas Co. v. StoneSearch
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of engaging in commerce that is interstate was reaffirmed in Spector Motor Service v. O'ConnorSearch
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either type is not prohibited by the Commerce Clause. The Spector rule was applied in Railway Express Agency v. VirginiaSearch
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in the result, upheld the reworded statute as not violative of the Spector rule. Railway Express Agency v. VirginiaSearch
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commerce so long as the tax does not create any effect forbidden by the Commerce Clause. In Northwestern Cement Co. v. MinnesotaSearch
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unsatisfactory operation of the Spector rule is well demonstrated by our recent case of Colonial Pipeline Co. v. TraigleSearch
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Appeal invalidated the Page 430 U. S. 286 tax as violative of the rule of Spector. Colonial Pipeline Co. v. MoutonSearch
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Again, the Court of Appeal held the tax unconstitutional as applied to the appellant. Colonial Pipeline Co. v. AgertonSearch
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Accordingly, we now reject the rule of Page 430 U. S. 289 Spector Motor Service, Inc. v. O'ConnorSearch
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See Boston Stock Exchange v. StateSearch
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Illinois Cent. R. Co. v. MinnesotaSearch
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U. S. 290 (1937). See also Standard Steel Co. v. WashingtonSearch
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Rev. Dept., 419 U. S. 560 (1975), and Clark v. PaulSearch
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view in Freeman v. HewitSearch
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General Motors Corp. v. WashingtonSearch
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Memphis Gas Co. v. StoneSearch
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underlie that debate, were evident in prior opinions. Compare 82 U. S. 15 Wall. 284 (1873), with Fargo v. MichiganSearch
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and compare Disanto v. PennsylvaniaSearch
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U. S. 34 (1927), and Cooney v. MountainSearch
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States Tel. Co., 294 U. S. 384 (1935), with Western Live Stock v. BureauSearch
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against interstate commerce, and of a lack of relationship to the services provided by the State. See Freeman v. HewitSearch
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U.S. Supreme Court Complete Auto Transit, Inc. v. BradySearch
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the State. Spector Motor Service v. O'ConnorSearch
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Spector Motor Service v. O'ConnorSearch
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Railway Express Agency v. VirginiaSearch
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the Commerce Clause. In Northwestern Cement Co. v. MinnesotaSearch
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of Colonial Pipeline Co. v. TraigleSearch
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of Spector. Colonial Pipeline Co. v. MoutonSearch
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Colonial Pipeline Co. v. AgertonSearch
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Standard Steel Co. v. WashingtonSearch
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and Clark v. PaulSearch
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Fargo v. MichiganSearch
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Disanto v. PennsylvaniaSearch
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and Cooney v. MountainSearch
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the State. See Freeman v. HewitSearch
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