TERK
v.
GORDON, DIRECTOR, NEW MEXICO DEPARTMENT OF FISH AND GAME, ET AL.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Terk, a Texas resident, challenged New Mexico's hunting license statutes under the Privileges and Immunities Clause and the Fourteenth Amendment, claiming that higher license fees for nonresidents violated the Constitution. The Supreme Court affirmed the District Court's decision upholding the fee differential between residents and nonresidents, applying its precedent in Baldwin v. Montana Fish & Game Commission, and did not address the separate issue of whether the state's allocation of licenses for rare game species was unconstitutional.
© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Per Curiam.
This case originated as a challenge, under the Privileges and Immunities Clause, U. S. Const., Art. IV, § 2, cl. 1, and under the Fourteenth Amendment, to New Mexico’s statutes requiring licenses to hunt game in that State. A three-judge United States District Court upheld the State’s statutory provisions insofar as they imposed higher license fees for nonresidents than for residents, but the court also ruled that the statutes governing the allocation of licenses to hunt, certain rare species of game were unconstitutional. Plaintiff-appellant Terk, a Texas resident, appeals from that portion of the District Court’s judgment that upheld the New Mexico fee discrimination. The defendant-appellees, who are the Director of the State’s Department of Game and Fish and the members of the State Game Commission, did not seek review of that portion of the judgment that held the allocation of licenses to be unconstitutional.
The issue as to the fee discrimination between residents and nonresidents is controlled by this Court’s recent decision in Baldwin v. Montana Fish & Game Comm’n, ante, p. 371. On appellant Terk’s appeal, therefore, the judgment of the United States District Court is affirmed. We express no view, however, on the allocation issue as to which no review was sought.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
In re the Est. of Brewer Corbin v. Corbin, 391 So. 2d 731 (Fla. 3d DCA 1980)…venture. Accord, Cates v. Cates, 268 Ala. 6, 104 So. 2d 756 (1958), amended after remand 272 Ala. 615, 133 So. 2d 256 (1961); A & M Records, Inc. v. Heilman, 75 Cal.App.3d 554, 142 Cal.Rptr. 390 (Ct.App. 1977), appeal dismissed [*733] 436 U.S. 952, 98 S.Ct. 3063, 57 L.Ed.2d 1118, rehearing denied 439 U.S. 884, 99 S.Ct. 228, 58 L.Ed.2d 198 (1978); Miller v. Rau, 216 Cal.App.2d 68, 30 Cal.Rptr. 612 (Ct.App. 1963). Recovery properly extends to the good will of a business. Accord, Cates, supra, 104 So. 2d at 76…
-
Lone Ranger Television, Inc. v. Program Radio Corp., 740 F.2d 718 (9th Cir. 1984)…04 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938), and then making a choice of law under state law). Lone Ranger TV relies on A & M Records, Inc. v. Heilman, 75 Cal.App.3d 554, 142 Cal.Rptr. 390 (1977), appeal dismissed and cert. denied, 436 U.S. 952, 98 S.Ct. 3063, 57 L.Ed.2d 1118 (1978) (A & M Records), and Capitol Records, Inc. v. Erickson, 2 Cal.App.3d 526, 82 Cal.Rptr. 798 (1969), cert. denied, 398 U.S. 960, 90 S.Ct. 2176, 26 L.Ed.2d 545 (1970) (Capitol Records). In A & M Records, the court held that ma…
-
Toho Co., Ltd. v. Sears, 645 F.2d 788 (9th Cir. 1981)…rcial labors even when there is no likelihood of confusion. It has been applied to record and tape piracy. E. g., A & M Records, Inc. v. Heilman, 75 Cal.App.3d 554, 564, 142 Cal.Rptr. 390, 396 (1977), appeal dismissed and cert. denied, 436 U.S. 952, 98 S.Ct. 3063, 57 L.Ed.2d 1118 (1978); Capitol Records, Inc. v. Erickson, 2 Cal.App.3d 526, 536-38, 82 Cal.Rptr. 798, 805-06 (1969), cert. denied, 398 U.S. 960, 90 S.Ct. 2176, 26 L.Ed.2d 545 (1970). There is no similar substantial taking by Sears in this case. Th…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence