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NEWARK GARDENS v. MICHIGAN POTATO INDUSTRY COM'N

No. 87-1351.

847 F.2d 1201 (1988)

NEWARK GARDENS, INC., Plaintiff-Appellant, v. MICHIGAN POTATO INDUSTRY COMMISSION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 16, 1988.

Attorney(s) appearing for the Case

Henry E. Sarnacki (argued), Mount Clemens, Mich., for plaintiff-appellant.

Louis J. Caruso, Sol. Gen., David W. Silver, Asst. Atty. Gen. (argued), Lansing, Mich., for defendant-appellee.

James A. White, Foster, Swift, Collins & Coey, P.C., Lansing, Mich., amicus curiae, for defendant-appellee.

Before JONES and GUY, Circuit Judges, and CONTIE, Senior Circuit Judge.

RALPH B. GUY, Jr., Circuit Judge:

The question presented in this case is whether certain provisions of the Michigan Potato Industry Commission Act (MPICA) are in conflict with and, thus, preempted by the federal Agricultural Fair Practices Act (AFPA). Under the MPICA, producers and shippers of potato products in Michigan are required to pay an assessment to the Michigan Potato Industry Commission (the Commission) which uses the proceeds to promote Michigan potato...

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