TIMMERMAN v. GRAIN EXCHANGE, LLC

No. 5-08-0404.

915 N.E.2d 113 (2009)

Ronald A. TIMMERMAN et al., Plaintiffs-Appellees, v. THE GRAIN EXCHANGE, LLC, and Consolidated Grain & Barge Company, d/b/a Granite Grain of Cahokia, Defendants-Appellants. Lyle R. Twenhafel et al., Plaintiffs-Appellees, v. The Grain Exchange, LLC, and Consolidated Grain & Barge Company, d/b/a Granite Grain of Cahokia, Defendants-Appellants. Joe Schmeink, Plaintiff-Appellee, v. The Grain Exchange, LLC, and Consolidated Grain & Barge Company, d/b/a Granite Grain of Cahokia, Defendants-Appellants.

Appellate Court of Illinois, Fifth District.

Rehearing Denied September 29, 2009.


Attorney(s) appearing for the Case

Andrew A. Honegger, Jeffrey Alan Ryva, Husch, Blackwell, Sanders LLP, Peoria, IL, for Consolidated Grain & Barge Company d/b/a Granite Grain of Cahokia.

Robert T. Bruegge, Edwardsville, IL, for The Grain Exchange, LLC (joined and adopted brief of Consolidated Grain & Barge Co.)

James P. Martin, Polsinelli Shalton Flanigan Suelthaus PC, St. Louis, MO, for Joe Schmeink (joined brief of Ronald A. Timmerman, et al. and Lyle R. Twenhafel, et al).

David M. Foreman, Foreman & Kessler, Ltd., Salem, IL, for Ronald A. Timmerman et al.

Brian R. Kalb, Christopher W. Byron, Christopher J. Petri, Byron Gerber Petri & Kalb, LLC, Edwardsville, IL, for Lyle R. Twenhafel, et al.

James P. Lawson, Hasselberg, Williams, Grebe, Snodgrass & Bridsall, Peoria, IL, for amicus curiae Grain and Feed Ass'n of Illinois (denied leave to file amicus brief).

Jerry D. Cavanaugh, Springfield, IL, for amicus curiae Community Bankers Ass'n of Illinois.


Justice WELCH delivered the opinion of the court:

On various dates prior to February 2008, The Grain Exchange, LLC (Grain Exchange), entered into contracts with the farmers (the plaintiffs) in these three consolidated cases for the delivery of specified amounts of grain at set prices on set future dates. Prior to the dates set for delivery, Grain Exchange's license to deal in grain was revoked by the Illinois Department of Agriculture, making it illegal for Grain...

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