Legal Opinion
Holiday Inns Franchising, Inc. v. Branstad
Court of Appeals for the Eighth Circuit
Decided July 7, 1994No. Nos. 93-2606, 93-2607, 93-2609PublishedCited by 27 opinions
1Opinion of the Court
MORRIS SHEPPARD ARNOLD, Circuit Judge.
These were consolidated actions for summary judgment claiming that application of the Iowa Franchise Act, see Iowa Code Ann. §§ 523H.1-523H.17, to existing franchise agreements was unconstitutional under the Contract Clause of both the United States and Iowa Constitutions. Section 2 of the Act expressly extends its effects to existing franchise arrangements. Plaintiffs pointed to several provisions of the Act that they believed would substantially and thus unconstitutionally impair the obligations owed by their franchisees under their current licensing…
2Cases cited5 opinions
- Allied Structural Steel Co. v. SpannausSupreme Court of the United States · 1978
- Energy Reserves Group, Inc. v. Kansas Power & Light Co.Supreme Court of the United States · 1983
- McDonald's Corp. v. NelsonDistrict Court, S.D. Iowa · 1993
- Northshore Cycles, Inc. v. Yamaha Motor Corporation, U.S.A.Court of Appeals for the Fifth Circuit · 1990
- Morgan v. Kemper Insurance CompaniesCourt of Appeals for the Fourth Circuit · 1985
3Cited by27 opinions
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Of North America, Cigna Insurance Company, Pacific Employers Insurance Company, Cigna Property & Casualty Insurance Company, Cigna Fire Underwriters Insurance Company, Bankers Standard Insurance Company, and Century Indemnity Company Home Insurance Company, and Its Subsidiaries Home Indemnity Company, City Insurance Company, and Home Insurance Company of Indiana American Manufacturers Mutual Insurance Company American Motorists Insurance Company American Protection Insurance Company Lumbermens Mutual Casualty Company, Collectively Known as the Kemper National Insurance Companies Royal Indemnity Company, and Its Affiliates American & Foreign Insurance Company, Globe Indemnity Company, Newark Insurance Company, Royal Insurance Company of America, Safeguard Insurance Company, and Millbank Insurance Company United States Fidelity & Guaranty Company, and Its Subsidiaries Fidelity Guaranty Insurance Company and Fidelity and Guaranty Insurance Underwriters, Inc. Zurich Insurance Company, U.S. Branch, and Its Affiliate American Guarantee and Liability Insurance Company v. James E. Ulland, in His Official Capacity as Commissioner of the Department of Commerce of the State of Minnesota John B. Lennes, Jr., in His Official Capacity as Commissioner of the Department of Labor and Industry of the State of Minnesota Workers' Compensation Reinsurance Association, a Minnesota Non-Profit Association Care Providers of Minnesota, Inc., a Minnesota Non-Profit Corporation, Health Dimensions, Inc., a Minnesota Corporation Medcare Associates, a Minnesota Corporation North Cities Health Care, Inc., a Minnesota Corporation Walker Methodist, Inc., a Minnesota Non-Profit Corporation, Intervenors/defendants. 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