SMITHFIELD FOODS, INC.; Murphy Farms, LLC; Prestage Stoecker Farms, Inc., Appellees,
v.
Thomas J. MILLER, Attorney General of the State of Iowa in his Official Capacity, Appellant.
Christopher Bedford; Lori Sokolowski; Iowa Citizens for Community Improvement; Missouri Rural Crisis Center; Land Stewardship Project; Illinois Stewardship Alliance; Citizens Action Coalition of Indiana; Campaign for Family Farms; National Family Farm Coalition; Iowa Pork Producers Association; Iowa Farm Bureau Federation; Iowa Farmers Union, Amici on behalf of Appellant.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted: October 23, 2003.
Filed: May 21, 2004.
Attorney(s) appearing for the Case
Gordon Eugene Allen, argued, Deputy Attorney General, Des Moines, IA (Stephen H. Moline, Assistant Attorney General, Des Moines, IA, on the brief), for appellant.
Eldon L. McAfee, argued, for amicus curiae parties Pork Producers Association, Iowa Farm Bureau Federation and Iowa Farmers Union (Michael A. Wunn, on the amicus brief).
Susan E. Stokes and David R. Moeller of St. Paul, MN, representing Iowa Citizens for Community Improvement, Missouri Rural Crisis Center, Land Stewardship Project, Illinois Stewardship Alliance, Citizens Action Coalition of Indiana, Campaign for Family Farms, and National Family Farm Coalition, for Amicus curiae briefs.
A brief amicus curiae was also filed by attorney Wallace L. Taylor of Cedar Rapids, IA, representing Christopher Bedford and Lori Sokolowski.
All amicus brief were filed in support of Appellant Thomas J. Miller.
E. Duncan, Richmond, VA, argued on behalf of appellee Smithfield Foods, Inc., and Murphy Farms, L.L.C (on the briefs for Smithfield and Murphy were Richard Cullen of Richmond, VA and Harold N. Scheenbeck of Des Moines, IA). Appearing on the brief for Prestage-Stoecker Farms, Inc., was Robert P. Malloy of Godfield, IA.
Before RILEY, HEANEY, and SMITH, Circuit Judges.
United States Court of Appeals, Eighth Circuit.
RILEY, Circuit Judge.
Smithfield Foods, Inc. (Smithfield Foods), Murphy Farms, LLC (Murphy Farms), and Prestage Stoecker Farms, Inc. (Prestage Stoecker), (collectively Smithfield), brought a suit against the Iowa Attorney General (the Attorney General), contending Iowa Code section 9H.2 (2003)1 (section 9H.2) violates the dormant Commerce Clause. The district court entered summary judgment in...
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