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AMERICAN MEAT INSTITUTE v. BARNETT

No. 99-3017.

64 F.Supp.2d 906 (1999)

AMERICAN MEAT INSTITUTE and John Morrell & Company, Plaintiffs, v. Mark W. BARNETT, Attorney General of the State of South Dakota and Darrell Cruea Secretary of Agriculture of the State of South Dakota, Defendants, Prairieland Pork Producers, Inc., Intervenor.

United States District Court, D. South Dakota, Central Division.

August 31, 1999.

Attorney(s) appearing for the Case

Jeremiah D. Murphy, Boyce, Murphy, McDowell & Greenfield, Sioux Falls, South Dakota, Michael H. Wetmore, Husch & Eppenberger, St. Louis, Missouri, for plaintiffs.

Charles D. McGuigan, Diane M. Best, Lawrence E. Long, Jeffrey P. Hallem, Assistant Attorney Generals, Pierre, South Dakota, for defendants.

Jeffrey T. Sveen, Siegel, Barnett & Schutz, Aberdeen, South Dakota, for intervenor.

MEMORANDUM OPINION AND ORDER

KORNMANN, District Judge.

INTRODUCTION

[¶ 1] Plaintiffs instituted this declaratory judgment action, seeking a declaration that portions of Senate Bill 95, enacted by the 74th Session of the South Dakota Legislature, now codified as SDCL 40-15B, are unconstitutional. Governor Janklow signed the measure on March 3, 1999, and the statute (hereinafter, "the pricing statute") became effective July 1, 1999. The specific...

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