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ALLEN v. STATE OF MINN.

Civ. Nos. 3:94-CV-00639, 3:94-CV-00768.

867 F.Supp. 853 (1994)

Gary and Linda ALLEN, Durst Brothers Dairy Farm, a Minnesota partnership, Armin H. Schrimpf, Stehr Farm, Inc., a Minnesota corporation, Duane Winhorst, Curtis Schrimpf, Kenneth Schrimpf, Ridgeway Enterprises, Inc., a South Dakota corporation, d/b/a Dairyridge, Plaintiffs, v. STATE OF MINNESOTA and Elton R. Redalen, Commissioner of Minnesota Department of Agriculture, Defendants. LE SUEUR CHEESE COMPANY, Plaintiff, v. Elton R. REDALEN in his official capacity as Commissioner of the Minnesota Department of Agriculture, Defendant.

United States District Court, D. Minnesota, Third Division.

November 14, 1994.

Attorney(s) appearing for the Case

Doherty, Rumble & Butler Professional Ass'n and Michael R. Docherty, Sunday Prchal and Mark Hanson, for and on behalf of plaintiffs Allen, Durst, et al.

Robins, Kaplan, Miller & Ciresi and Annamarie A. Daley, Elliot Kaplan and David Bush, for and on behalf of plaintiff Le Sueur Creamery.

Office of the Minnesota Atty. Gen., and Paul A. Strandberg, for and on behalf of defendant Elton R. Redalen.

DAVIS, District Judge.

This matter came before the court on August 18, 1994 on plaintiff's motion for a permanent injunction in an action challenging, inter alia, the constitutionality of Minn.Stat. § 32.11 (Supp.1993) as interpreted by the defendants State of Minnesota and the Commissioner of the Minnesota Department of Agriculture (collectively the "State") to prohibit the payment of premiums based on the quantity of milk produced on a periodic basis...

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