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

(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.]

Legislative History

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