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ASSOCIATION OF EQUIPMENT MFRS. v. BURGUM

No. 18-1115.

932 F.3d 727 (2019)

ASSOCIATION OF EQUIPMENT MANUFACTURERS; AGCO Corporation; CNH Industrial America LLC; Deere & Company; Kubota Tractor Corporation, Plaintiffs-Appellees, v. The Hon. Doug BURGUM, Governor of the State of North Dakota, in his official capacity; The Hon. Wayne Stenehjem, Attorney General of the State of North Dakota, in his official capacity, Defendants-Appellants, North Dakota Implement Dealers Association, Intervenor Defendant-Appellant. International Franchise Association, Amicus on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: August 2, 2019.

Attorney(s) appearing for the Case

Lauren Champaign , Benjamin R. Dryden , Jarren Ginsburg , Michael J. Lockerby , FOLEY & LARDNER, Washington, DC, Roberta F. Howell , Connor A. Sabatino , FOLEY & LARDNER, Madison, WI, Eric John Magnuson , ROBINS & KAPLAN, Minneapolis, MN, Timothy Q. Purdon , ROBINS & KAPLAN, Bismarck, ND, for Plaintiffs-Appellees.

Joseph Paul Bialke, I , Matthew A. Sagsveen , Nathan J. Svihovec , Assistant Attorney Generals, ATTORNEY GENERAL'S OFFICE, Bismarck, ND, for Defendants-Appellants.

Jason T. Allen , William Kirby Bissell , BASS & SOX, Tallahassee, FL, Benjamin Eugene Thomas , WOLD & JOHNSON, Fargo, ND, for Intervenor Defendant Appellant.

Benjamin B. Reed , James C. Rubinger , PLAVE & KOCH, Reston, VA, for Amicus on Behalf of Appellee.

Before COLLOTON, SHEPHERD, and STRAS, Circuit Judges.

The Association of Equipment Manufacturers and four farm equipment manufacturers asked the district court1 to enjoin North Dakota Senate Bill 2289, which regulates relationships between manufacturers and farm equipment dealers. The district court granted a preliminary injunction on the ground...

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