WAYNE BY-PRODUCTS CO. v. WERRIES

No. 88 C 2740.

691 F.Supp. 158 (1988)

WAYNE BY-PRODUCTS COMPANY, a Michigan corporation, Plaintiff, v. Larry WERRIES, Director, State of Illinois Department of Agriculture; and Neil F. Hartigan, Attorney General of the State of Illinois, Defendants.

United States District Court, N.D. Illinois, E.D.

August 19, 1988.


Attorney(s) appearing for the Case

Donald L. Welsh, Laurie A. Haynie, Welsh & Katz, Ltd., Chicago, Ill., for plaintiff.

William McGlynn, Asst. Atty. Gen., Office of the Illinois Atty. Gen., General Law Div., Chicago, Ill., for defendants.


MEMORANDUM OPINION

BRIAN BARNETT DUFF, District Judge.

In this lawsuit, plaintiff asks this court to declare an Illinois statute unconstitutional under the Commerce Clause and the Due Process Clause of the United States constitution. Defendants, two Illinois officials, insist that although the statute — the Illinois Dead Animal Disposal Act — impacts on interstate commerce, it is a valid "health and public welfare" law. Defendants have moved...

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