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EQUIPMENT MFRS. INSTITUTE v. JANKLOW

No. 01-2062.

300 F.3d 842 (2002)

EQUIPMENT MANUFACTURERS INSTITUTE, AGCO Corporation, Case Corporation, Deere & Company, New Holland North America, Inc., Plaintiffs/Appellants, v. William J. JANKLOW, Governor of the State of South Dakota, in his Official Capacity, and Mark W. Barnett, Attorney General of the State of South Dakota, in his Official Capacity, Defendants/Appellees, Farm Equipment Association of Minnesota and South Dakota, Intervenor Defendant/Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 6, 2002.

Rehearing and Rehearing Denied: September 13, 2002.

Attorney(s) appearing for the Case

David M. Kroeger, argued, Chicago, IL, for appellant.

Michael Garner, argued, Minneapolis, MN, for appellees, Farm Equipment Association, etc.

Jeffrey P. Hallem, AAG, argued, Pierre, S.D. for appellees Mark W. Barnett and William J. Janklow.

Before BYE and BEAM, Circuit Judges, and GOLDBERG, Judge.

Rehearing and Rehearing En Banc Denied: September 13, 2002.

GOLDBERG, Judge.

Plaintiffs-Appellants Equipment Manufacturers Institute ("EMI"), AGCO Corporation ("AGCO"), Case Corporation ("Case"), Deere & Company ("John Deere"), and New Holland North America, Inc. ("New Holland") (collectively the "Manufacturers"), filed a declaratory judgment action, through a complaint dated August 16, 1999, alleging that portions of the Act entitled "An Act to provide...

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