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EQUIPMENT MFRS. INSTITUTE v. JANKLOW

No. CIV 99-4161.

136 F.Supp.2d 991 (2001)

EQUIPMENT MANUFACTURERS INSTITUTE, Agco Corporation, Case Corporation, Deere & Company, and New Holland North America, Inc., Plaintiffs, v. William J. JANKLOW, Governor of the State of South Dakota, in his Official Capacity, and Mark Barnett, Attorney General of the State of South Dakota, in his Official Capacity, Defendants, and Farm Equipment Association of Minnesota and South Dakota, Intervenor-Defendant.

United States District Court, D. South Dakota, Southern Division.

March 30, 2001.

Attorney(s) appearing for the Case

David A. Gerdes, Michael F. Shaw, May, Adam, Gerdes & Thompson, Pierre, SD, David M. Kroeger, Margaret J. Simpson, Jenner & Block, Chicago, IL, for Plaintiffs.

Jeffrey P. Hallem, Attorney General's Office, Pierre, SD, for Defendants William J. Janklow Mark W. Barnett.

John E. Burke, Sioux Falls, SD, Michael P. Healy, Kansas City, MO, for Amicus Diesel Machinery, Inc.

J. Michael Dady, W. Michael Garner, Cheryl A. Stanton, Dady & Garner, Minneapolis, MN, for Intervenor Defendant Farm Equipment Association of Minnesota and South Dakota.

MEMORANDUM OPINION AND ORDER

PIERSOL, Chief Judge.

This declaratory judgment action concerns the constitutionality of a South Dakota law governing contracts between farm machinery manufacturers and their in-state dealers. The parties have filed cross-motions for summary judgment. For the reasons stated below, each motion for summary judgment is granted in part and denied in part.

BACKGROUND

Plaintiffs represent the interests of various...

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