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AMERICAN MEAT INSTITUTE v. PRIDGEON

No. 82-1742.

724 F.2d 45 (1984)

AMERICAN MEAT INSTITUTE, Plaintiff-Appellee, v. Dean PRIDGEON, Director, Department of Agriculture of Michigan, and Edward C. Heffron, Chief of Food Inspection Division of Michigan, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided January 6, 1984.

Attorney(s) appearing for the Case

Frank J. Kelley, Atty. Gen., of Michigan, Lansing, Mich., Andrea Bateman, Regulatory Division, OGC, U.S. Dept. of Agriculture, J. Paul McGrath, Asst. Atty. Gen., Civil Division Dept. of Justice, Washington, D.C., for defendants-appellants.

J. Stanley Stroud Mayer, Brown & Platt, Washington, D.C., David Vander Haagen, Foster, Swift, Collins & Coey, Richard B. Foster, Lansing, Mich., for plaintiff-appellee.

Before MERRITT and JONES, Circuit Judges, and JOHNSTONE, District Judge.

MERRITT, Circuit Judge.

In this action in which declaratory relief was originally sought, United States District Judge Enslen of the Western District of Michigan concluded that section 4a of the Michigan Comminuted Meat Law, M.C.L.A. § 289.584a, M.S.A. § 12.964(4.1), violates the Commerce Clause of the United States Constitution, art. I, § 8, cl. 3. American Meat Institute v. Ball, 550 F.Supp. 285 (W.D.Mich...

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