NORTHWEST TERMINAL ELEVATOR v. MINNESOTA PUBLIC UTILITIES COM'N

No. 83-1593.

725 F.2d 80 (1984)

NORTHWEST TERMINAL ELEVATOR ASSOCIATION, a Minnesota corporation, Bunge Corporation, a New York corporation, Burdick Grain Company, a Delaware corporation, Cargill, Inc., a Delaware corporation, Continental Grain Company, a Delaware corporation, Farmers Union GTA, a Minnesota corporation, Fleischman Malting Co., Inc., a Delaware corporation, General Mills, Inc., a Delaware corporation, International Multifoods, a Delaware corporation, Peavey Company, a Minnesota corporation, The Pillsbury Company, a Delaware corporation, and Tabor Grain Company, a Nevada corporation, d/b/a ADM Grain Company, Appellees, v. MINNESOTA PUBLIC UTILITIES COMMISSION, and its Commissioners, Roger L. Hanson, Leo G. Adams, Terry Hoffman, Juanita R. Satterlee, Lillian W. Lazenberry, Minnesota Department of Transportation, and Richard P. Braun, its Commissioner, and Minnesota Permit Truckers Association, a Minnesota corporation, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided January 11, 1984.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., State of Minnesota, Gilbert S. Buffington, Sp. Asst. Atty. Gen., St. Paul, Minn., for State appellants.

Thompson & Klaverkamp, P.A., by Bruce F. Thompson by Patrick J. McLaughlin, Minneapolis, Minn., for appellees.

Before BRIGHT, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and HANSON, Senior District Judge.


PER CURIAM.

The Minnesota Public Utilities Commission and its members appeal from a judgment of the district court1 that shipments of grain wholly within the State of Minnesota by commercial truckers from country grain elevators to terminal elevators on the Minnesota and Mississippi Rivers and Lake Superior constitute interstate commerce and as such are not subject to regulations of the state commission which require terminal elevator...

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