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This section contains the nature of the case and procedural background.

P produces horsemeat for human consumption. Americans do not eat horsemeat, but it is considered a delicacy in Europe and P exports its entire output. P's suit challenges the constitutionality of a recent amendment to the Illinois Horse Meat Act, 225 ILCS 635/1.5, that makes it unlawful for any person in the state to slaughter a horse for human consumption or 'to import into or export from this State, or to sell, buy, give away, hold, or accept any horse meat if that person knows or should know that the horse meat will be used for human consumption.' P lost in the district court has appealed, and, after unsuccessfully moving the district court for an injunction pending appeal, has asked us for such an injunction, emphasizing the disastrous consequences for its business if the decision of the district court stands.

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