Jim JONES; Terrence M. Schumacher Shad Dahlgren; Harold G. Rickertsen; Todd Ehler; Robert E. Beck, III, Appellees,
v.
John GALE, in his official capacity as Secretary of State of Nebraska; Jon Bruning, in his official capacity as Attorney General of Nebraska, Appellants.
Organization for Competitive Markets; R-Calf USA; Oregon Livestock Producers Association; Spokane County Cattle Producers; Icon; The Independent Beef Association of North Dakota; Montana Cattleman's Association; Nevada Livestock Association; State of Minnesota; State of Iowa; State of Missouri; State of North Dakota; State of West Virginia; Nebraska Farmer Union; The Center for Rural Affairs The Nebraska Grange; Women Involved in Farm Economics The Nebraska Catholic Conference; The American Corn Growers of Nebraska; Nebraska Appleseed Center for Law in the Public Interest Sierra Club; The Great Plains Environmental Law Center; Nebraska Environmental Action Coalition; Michael Jacobson; Nebraska League of Rural Voters; Nebraskans for Peace; National Farmers Union; National Family Farm Coalition; American Corn Growers; Minnesota Farmers Union; Land Stewardship Project; North Dakota Farmers Union; Dakota Resource Council; South Dakota Farmers Union; Dakota Rural Action; Iowa Farmers Union; Iowa Citizens for Community Improvement; Missouri Farmers Union; Missouri Rural Crisis Center; AR Farmers Union; Campaign For Family Farms; Western Organization of Resource Councils; Federation of Southern Cooperatives; Illinois Farmers Union; Illinois Stewardship Alliance; IN Farmers Union; Citizens Action Coalition of Indiana; Powder River Basin Resource Council; KS Farmers Union; WI Farmers Union; OH Farmers Union; MI Farmers Union; Pennsylvania Farmers Union; Rocky Mountain Farmers Union; Montana Farmers Union; Utah Farmers Union; Texas Farmers Union; Alaska Farmers Union; Oregon Farmers Union; WA Farmers Union; California Farmers Union, Amici on behalf of Appellants.
Nebraska Bankers Association; Nebraska Chamber of Commerce and Industry, Inc.; The Nebraska Realtors Association; South Dakota Farm Bureau, Amici on Behalf of Appellees.
United States of America, Amicus on Behalf of Appellees.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted: September 28, 2006.
Filed: December 13, 2006.
Attorney(s) appearing for the Case
Katherine J. Spohn, Asst. Atty. General, argued, Lincoln, NE (John Bruning, Nebraska Atty. General, David D. Cookson and Justin D. Lavene, Asst. Attys. General, Lincoln, NE, on the brief), for appellants.
L. Steven Grasz, argued, Omaha, NE (Thomas H. Dalik, Michael S. Degan, Rebecca B. Gregory, Blackwell & Sanders, Omaha, NE; David A. Jarecke, Crosby & Guenzel, Lincoln, NE, Stephen D. Mossman, Mattson & Ricketts, Lincoln, NE, on the brief), for appellees.
Michael C. Stumo, Domina Law Group, Omaha, NE, Thomas K. Overton, Attorney General's Office, St. Paul, MN, Robert Vail Broom, Jeffery R. Kirkpatrick, McHenry & Haszard, Patricia A. Knapp, University of Nebraska College of Law, Lincoln, NE, Steven M. Virgil, Community Economic Development Clinic, Omaha, NE, Lynn Ann Hayes, Karen R. Krub, Jessica A. Shoemaker, Farmers Legal Action Group, St. Paul, MN, for Amici on behalf of Appellants.
Robert J. Hallstrom, Brandt & Horan, Syracuse, NE, Ronald J. Sedlacek, Nebraska Chamber of Commerce, Lincoln, NE, for Amici on Behalf of Appellees.
Jessica Dunsay Silver, Sarah E. Harrington, U.S. Department of Justice Civil Rights Division-Appellate Section Ben Franklin Station, Washington, DC, for Amicus on Behalf of Appellees.
Before ARNOLD, BYE, and MELLOY, Circuit Judges.
United States Court of Appeals, Eighth Circuit.
ARNOLD, Circuit Judge.
The plaintiffs, six people who own various interests in Nebraska farm and ranch land operations, filed this action against Nebraska's secretary of state and attorney general in their official capacities (State Officials). The plaintiffs claimed that Initiative 300, which voters adopted as part of the state constitution in 1982, see Neb. Const. art. XII, § 8, violates the commerce clause, privileges and immunities clause, and equal...
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