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CORNERSTONE BANK v. CONSOLIDATED GRAIN

No. 4-10-0715.

956 N.E.2d 944 (2011)

353 Ill. Dec. 816

CORNERSTONE BANK AND TRUST, N.A., Plaintiff-Appellant and Cross-Appellee, v. CONSOLIDATED GRAIN AND BARGE COMPANY, a Missouri Corporation; Cargill, Inc., a Delaware Corporation; Carrollton Farmers Elevator, a Corporation; Tri County FS, Inc., a Corporation; Phi Financial Services, Inc., a Corporation; and Commodity Credit Corporation, a Corporation Acting Through the United States Department of Agriculture, Defendants-Appellees and Cross-Appellants.

Appellate Court of Illinois, Fourth District.

June 27, 2011.

Attorney(s) appearing for the Case

Charles E. Theivagt (argued), of Gustine, Theivagt, Davis & Collins, Ltd., of Carrollton, for appellant.

Mark S. Cochran (argued), of Bellatti, Barton & Cochran, LLC, of Springfield, for appellees.

OPINION

Justice STEIGMANN delivered the judgment of the court, with opinion.

¶ 1 This case presents the question of whether section 1631 of the Food Security Act of 1985 (7 U.S.C. § 1631 (2006)), which seeks to remove burdens and obstructions to interstate commerce in farm products, preempts the pertinent portions of the Uniform Commercial Code (UCC) (810 ILCS 5/1-103 through 13-101 (West 2008)) that...

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