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WARREN WHOLESALE CO. v. McLANE CO., INC.

No. 07-1034.

286 S.W.3d 709 (2008)

WARREN WHOLESALE CO., INC., Glidewell Distributing Co., Inc., Ritchie Grocer Co., Inc., Northwest Tobacco & Candy Co., Douglas Companies, Inc., Merritt Wholesale Distributor, Inc., and Warehouse Distributing Co., Inc., Appellants, v. McLANE COMPANY, INC., and McLane Southern, Inc., Appellees.

Supreme Court of Arkansas.

September 11, 2008.

Attorney(s) appearing for the Case

Lax, Vaughan, Fortson, McKenzie & Rowe, P.A., by Grant E. Fortson, Little Rock, for appellants.

Williams & Anderson PLC, by Peter G. Kumpe and Stephen A. Hester, Little Rock, for appellees.

DONALD L. CORBIN, Justice.

Appellants, Warren Wholesale Co., Inc., Glidewell Distributing Co., Inc., Ritchie Grocer Co., Inc., Northwest Tobacco & Candy Co., Douglas Companies, Inc., Merritt Wholesale Distributor, Inc., and Warehouse Distributing Co., Inc., appeal the June 11, 2007 order of the Pulaski County Circuit Court declaring ultra vires and unconstitutional certain portions of a cost and minimum price rule promulgated by the Arkansas Tobacco Control Board...

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