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Constitutional Law Keyed to Maggs
Baldwin v. Fish and Game Commission of Montana
Citation:
436 U.S. 371 (1978)Facts
Appellant Lester Baldwin is a Montana resident. He also is an outfitter holding a state license as a hunting guide. The majority of his customers are nonresidents who come to Montana to hunt elk and other big game. Appellants Carlson, Huseby, Lee and Moris are residents of Minnesota. They have hunted big game in Montana in past years and wish to continue. A Montana resident could purchase a license solely for elk for $4. The nonresident, however, in order to hunt elk, was required to purchase a combination license at a cost of $151. A resident was not required to buy any combination of licenses, but if he did, the cost to him of the privileges granted by the nonresident combination was $30. The nonresident thus paid 7 1/2 times as much as the resident, and if the nonresident wished to hunt only elk, he paid 25 times as much as the resident.
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