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DEMETER, INC. v. WERRIES

No. 85-3536.

676 F.Supp. 882 (1988)

DEMETER, INC., an Indiana corp., Cargill, Inc., a Delaware corp., Continental Grain Co., a Delaware corp., Bunge Corporation, a New York corp., The Pillsbury Company, a Delaware corp., Illinois Cereal Mills, Inc., a Delaware corp., Fasco Mills Co., an Illinois corp., McLay Grain Co., an Illinois corp., Gerstenberg and Tucker, Inc., an Illinois corp., Plaintiffs, v. Larry WERRIES, Director of the Department of Agriculture of the State of Illinois, Defendant.

United States District Court, C.D. Illinois, Springfield Division.

January 7, 1988.

Attorney(s) appearing for the Case

Harvey T. Stephens and Edward J. Cunningham, Springfield, Ill., for plaintiffs.

Frank A. Hess, Raymond J. Watson, Jr. and Robert Wagner, Asst. Attys. Gen., Springfield, Ill., for defendant.

William Gillon, Surell Brady and Felix V. Baxter, Washington, D.C., for U.S. Secretary of Agriculture, amicus curiae.

OPINION

MILLS, District Judge:

We must declare an act of the Illinois General Assembly to be unconstitutional.

The Plaintiffs are nine federally licensed warehousemen engaged in grain warehousing activities in Illinois. The Defendant is Director of the Department of Agriculture of the State of Illinois and is entrusted by state statute1 with ensuring the participation of federally licensed warehousemen in the Illinois...

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