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McLANE CO., INC. v. WEISS

No. 97-559.

965 S.W.2d 109 (1998)

332 Ark. 284

McLANE COMPANY, INC., Appellant, v. Richard A. WEISS, Director of the Arkansas Department of Finance and Administration, and Tim Leathers, Commissioner of Revenue for the State of Arkansas, Earl Gill Wholesale, Inc.; Glidewell Distributing, Inc.; Shinn Wholesale Co., Inc.; Tom Fitts Tobacco Co., Inc.; Warehouse Distributing Co., Inc.; Southern Cigar & Candy, Inc.; M & K Grocer Co., Inc.; Northwest Tobacco & Candy Co., Inc.; And Douglas Tobacco Co., Inc., Appellees.

Supreme Court of Arkansas.

March 19, 1998.

Attorney(s) appearing for the Case

Joe Morphew, Peter G. Kumpe, Leon Holmes, Stephen B. Niswanger, Little Rock, for Appellant.

Malcolm P. Bobo, Audrey R. Evans, Walter Skelton, Little Rock, for Appellees.

GLAZE, Justice.

Appellant McLane Company, Inc., a wholly owned subsidiary of Wal-Mart Stores, Inc., is a Texas corporation and wholesaler of cigarettes and other products, and is licensed to do business in Arkansas. McLane brings this appeal, questioning the constitutionality of Arkansas's Unfair Cigarette Sales Act, Ark.Code Ann. § 4-75-701 -713 (Repl.1996), which was enacted in 1951. The declared purpose of the Act is to promote fair and honest competition...

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