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HOMIER DISTRIBUTING CO. v. STALEY

No. 4:02-CV-464 GTE.

371 F.Supp.2d 1006 (2003)

HOMIER DISTRIBUTING CO. Plaintiff v. Carolyn STALEY, et al. Defendants

United States District Court, E.D. Arkansas, Little Rock Division.

September 4, 2003.

Attorney(s) appearing for the Case

James M. Johnstone, Thomas W. Kirby, Wiley, Rein & Fielding, Washington, DC, for Homier Distributing Company, Inc., plaintiff.

Patricia V. Bell, Arkansas Attorney General's Office, Karla Moore Burnett, Amanda Mankin Mitchell, Pulaski County Attorney's Office, David M. Fuqua, Hope, Fuqua & Campbell, P.A., Little Rock, for Larry Jegley, Hon., Prosecuting Attorney, Randy Johnson, Hon., Pulaski County Sheriff, Pulaski County, Arkansas, Carolyn Staley, Hon., Circuit County Clerk-Pulaski County, defendants.

MEMORANDUM OPINION AND ORDER

EISELE, District Judge.

The Plaintiff Homier Distributing Company, Inc. has sued Pulaski County and various county officials seeking a declaratory judgment that the Arkansas Transient Merchant Licensing Act of 1983, Ark.Code Ann. § 17-49-101 et seq., is unconstitutional as violative of the Commerce Clause of the United States Constitution. The Plaintiff also seeks monetary damages and injunctive relief pursuant...

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