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STATE EX REL. PURCELL v. NELSON

No. 5-4653.

438 S.W.2d 33 (1969)

STATE of Arkansas ex rel. Joe PURCELL, Attorney General Arkansas State Highway Commission, Appellants, v. G. D. NELSON, Berry Petroleum Company, et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied April 1, 1969.

Attorney(s) appearing for the Case

Joe Purcell, Atty. Gen., Little Rock, Les Evitts, Chief Deputy Atty. Gen., Benton, Shaver & Shaver, Wynne, Glassie, Pewett, Beebe & Shanks, Washington, D.C., for appellants.

Catlett & Henderson, Little Rock, Keith, Clegg & Eckert, Magnolia, Mahony & Yocum, El Dorado, Smith, Williams, Friday & Bowen, by Emon A. Mahony, Jr., Little Rock, for appellees.

FOGLEMAN, Justice.

This appeal was taken from an order in an action originally brought by G. D. Nelson, a citizen and taxpayer, against Berry Petroleum Company, Arkansas Bitumuls Company, Lion Oil, Inc., MacMillan Ring-Free Oil Company, Inc. and Bitucote Products Company. We held that Nelson had stated a cause of action against the above-named parties. Nelson v. Berry Petroleum Co., 242 Ark. 273, 413 S.W.2d 46. After remand each...

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