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GARRISON v. NEW FASHION PORK LLP

No. 21-0652.

977 N.W.2d 67 (2022)

Gordon Berg GARRISON, Appellant, v. NEW FASHION PORK LLP and BWT Holdings LLLP, Appellees.

Supreme Court of Iowa.

Filed June 30, 2022.

Attorney(s) appearing for the Case

Wallace L. Taylor (argued), Cedar Rapids , and David A O'Brien , Dave O'Brien Law, Cedar Rapids, for appellant.

James W. White (argued), James L. Pray , and Jennifer E. Lindberg of Brown, Winick, Graves, Gross & Baskerville, P.L.C., Des Moines, for appellees.

Eldon L. McAfee and Julie Vyskocil of Brick Gentry, P.C., West Des Moines, for amicus curiae Iowa Pork Producers Association.

Christina L. Gruenhagen of Parker & Geadelmann, P.L.L.C., West Des Moines, for amicus curiae Iowa Farm Bureau Federation.

Waterman, J., delivered the opinion of the court, in which Christensen, C.J., and Mansfield and McDermott, JJ., joined. Mansfield, J., filed a concurring opinion, in which Waterman, J., joined. Appel, J., filed a dissenting opinion, in which Oxley, J., joined. McDonald, J., filed a dissenting opinion, in which Oxley, J., joined.

In this appeal, the defendants and amici curiae renew prior invitations to overrule Gacke v. Pork Xtra, L.L.C.'s controversial three-part test under the inalienable rights clause, article I, section 1 of the Iowa Constitution. 684 N.W.2d 168, 177-79 (Iowa 2004). Gacke created the...

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