031411P.pdf   05/21/2004  Smithfield Foods  v.  Thomas Miller
   U.S. Court of Appeals Case No:  03-1411
   Southern District of Iowa   
   Civil case - Constitutional law. Question of whether Iowa Code 
   Section 9H.2 regulating pork and beef processors' activities violates the 
   dormant Commerce Clause was not mooted by 2003 amendment to the 
   section; however, the court could not determine whether the new 
   amendment possessed a discriminatory purpose or discriminatory effect 
   on interstate commerce; the cases is remanded to permit the district court 
   to determine whether the new section unconstitutionally discriminates 
   against interstate commerce; if the district court concludes the 
   discrimination is only incidental, the court must determine whether the 
   burden imposed on commerce is clearly excessive in relation to the 
   putative local benefits. 
   [PUBLISHED] [Riley, Author]