FRESNILLO, S.A. DE C.V., BELTEX CORPORATION, and DALLAS CROWN, INC.,
Plaintiffs

VS.

NO. 4-02CV0804-A
TIM CURRY, District Attorney, Tarrant County, Texas and BILL CONRADT, District Attorney, Kaufman County, Texas,
Defendants

AND

UNITED STATES DEPARTMENT OF AGRICULTURE, Party Needed for Just Adjudication.

COMPLAINT
This lawsuit requests temporary and permanent injunctive relief be issued prohibiting Defendants from prosecuting Plaintiffs under a Texas statute, TEX. AGRICULTURE CODE, ' 149.001 et. seq., (Chapter 149), by declaring the statute conflicts with federal law that preempts state law and unconstitutionally prohibits an activity within the regulatory and legislative province of the federal government, and illegally regulates interstate and foreign commerce.

1. Jurisdiction
Jurisdiction in this Court is based on 28 U.S.C. ' 1331, because it is a civil action arising under the Constitutional, laws, or treaties of the United States. Additionally, diversity of citizenship jurisdiction is conferred as to foreign nationals under 28 U.S.C. ' 1332, and the amount in controversy exceeds $75,000. Because the actions threatened by Defendants are under the color of state law, and will deprive Plaintiffs of rights, privileges, or immunities secured by the Constitution of the Unites States and Acts of Congress, jurisdiction in this Court is provided under 29 U.S.C. ' 1343. The United, through an agency, is a necessary party, and no damages are sought against it, thus jurisdiction in this Court is under 28 U.S.C. ' 1346.

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