UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
AEM vs North Dakota
MEMORANDUM IN SUPPORT OF DEFENDANTS’ MOTION
FOR PARTIAL SUMMARY JUDGMENT
For the reasons stated above, North Dakota is entitled to partial summary judgment. The State respectfully requests this Court to conclude, as a matter of law, that SB 2289 does not violate the Commerce Clause, that § 2(a) of the Robinson-Patman Act does not conflict-preempt SB 2289, and that SB 2289 does not constitute a taking under the Takings Clause. Therefore, this Court should grant the Defendants’ Motion for Partial Summary Judgment.