Autotronic Systems, Inc., a Delaware Corporation v. City of Coeur D'alene, an Idaho Municipal Corporation

Good Law
527 F.2d 106·1975 U.S. App. LEXIS 11632
United States Court of Appeals for the Ninth CircuitDecember 5, 197574--1870California1,238 words

Opinion

Opinion

This case challenges the constitutionality of an ordinance of the City of Coeur d’Alene, Idaho, on three grounds: a) due process; b) equal protection; and c) undue burden on interstate commerce. Coeur d’Alene’s ordinance provides:

denied relief in the District Court. Its jurisdiction was based on 28 U.S.C. § 133 x; ours, upon 28 U.S.C. § 1291 .

Autotronic operates a retail, self-service gas station called “Fill-em-Fast” in Coeur d’Alene. Gasoline is normally delivered to Coeur d’Alene from Spokane, Washington — a distance of about 30 miles — by gasoline tanker trucks with capacities of approximately 8,500 gallons. Autotronic is forestalled by this ordinance from receiving deliveries directly from the Spokane wholesale distributors. The large tankers must unload their gasoline at bulk stations. Smaller tankers— of 1,500 gallons — must then transport the gasoline from the bulk stations to plaintiff’s and to other retail stations. This increases Autotronic’s costs by about 1 cent per gallon, or $2,500 per month.

Autotronic contends that the ordinance increases rather than decreases the dangers to public safety. Its evidence in the trial court showed that the ordinance re-…

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