Indiana § 15-12-1-45 - Warehouse or elevator operator; breach of marketing contract; penalty; injunction

§ 15-12-1-45. Warehouse or elevator operator; breach of marketing contract; penalty; injunction

Sec. 45. (a) A person, firm, limited liability company, or corporation that:

(1) operates a warehouse, an elevator, or other receiving place or deals in any agricultural products within Indiana; and

(2) solicits, persuades, or permits any member of an association:

(A) organized under this chapter; or

(B) organized under any agricultural cooperative law of any other state of the United States and admitted to do business in Indiana;

to breach the member's marketing contract with the association by accepting or receiving the member's products for sale, for auction, or for display for sale, contrary to the terms of a marketing agreement of which the person, a member of the firm, the manager of the limited liability company, or an active officer or manager of the corporation has knowledge or notice;

is liable to the aggrieved association in a civil suit in the penal sum of one hundred dollars ($100) for each offense, and the aggrieved association is entitled to an injunction against the warehouseman or other person to prevent further breaches and a multiplicity of actions on the breach.

(b) Pending the adjudication of an action under subsection (a) and upon filing:

(1) a verified complaint showing the breach or threatened breach of a marketing contract by reason of any acts described in subsection (a); and

(2) a sufficient bond or undertaking;

the aggrieved association is entitled to a temporary restraining order and a temporary injunction against the person, firm, limited liability company, or corporation. In addition, the warehouseman or other person, firm, limited liability company, or corporation shall pay to the association reasonable attorney's fees and all costs involved in the litigation or legal proceedings.

[Pre-2008 Recodification Citation: 15-7-1-26.]

As added by P.L.2-2008, SEC.3.