181115P.pdf   08/02/2019  Association of Equipment Mfr.  v.  The Hon. Doug Burgum
   U.S. Court of Appeals Case No:  18-1115
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Colloton, Author, with Shepherd and Stras, Circuit Judges] 
   Civil Case - preliminary injunction. District court's grant of preliminary 
   injunction of enforcement of North Dakota statute regulating relationships 
   between manufacturers and farm equipment dealers, North Dakota Senate Bill 
   2289, sought by manufacturers, claiming likelihood of success on a claim 
   of violations under the Contract Clause of the U.S. Constitution, is 
   affirmed. The manufacturers could not reasonably foresee any impending 
   intervention into their agreements, as the regulations go beyond 
   regulation of coercive and discriminatory practices; they enlarge dealer 
   reimbursements; and they impair obligations of contract. The State failed 
   to show the legislation furthered a significant and legitimate public 
   purpose and failed to demonstrate the requisite guarantee that it provides 
   more than benefit to special interests. A state is required to demonstrate 
   more than a conceivable or incidental public purpose for impairing the 
   obligation of contracts. Judge Shepherd dissents.