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MSM FARMS, INC. v. SPIRE

No. 90-1300.

927 F.2d 330 (1991)

MSM FARMS, INC., a Nebraska corporation, Appellant, v. Robert M. SPIRE, Attorney General for the State of Nebraska in his official capacity, Appellee, Everett Holstein and Richard Bartek, Intervenors Below, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 27, 1991.

Attorney(s) appearing for the Case

William E. Morrow, Omaha, Neb., for appellant.

Bernard L. Packett, Lincoln, Neb., for appellee.

Before LAY, Chief Judge, FAGG, Circuit Judge, and LARSON, Senior District Judge.

LARSON, Senior District Judge.

In 1982, Nebraska voters adopted article XII section 8 of the Nebraska Constitution through Nebraska's initiative and referendum process. The objective of the initiative was to prohibit non-family farm corporations from owning and operating Nebraska farm and ranch land. In 1988, plaintiff MSM Farms, a Nebraska corporation with unrelated shareholders, sought a declaration that article XII section 8 violates the equal protection and due...

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