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ARK. MOTOR VEHICLE COMM. v. CLIFF PECK CHEVROLET, INC.

No. 82-7.

640 S.W.2d 453 (1982)

277 Ark. 185

ARKANSAS MOTOR VEHICLE COMMISSION et al., Appellants, v. CLIFF PECK CHEVROLET, INC., Appellee.

Supreme Court of Arkansas.

October 18, 1982.

Attorney(s) appearing for the Case

Steve Clark, Atty. Gen., Friday, Eldredge & Clark by Jerry E. Rose, Asst. Atty. Gen., Herschel H. Friday, Michael G. Thompson and Walter A. Paulson, II, Little Rock, for appellants.

Owens, McHaney & Calhoun by John C. Calhoun, Jr., Little Rock, for Nat. Ass'n of Motor Vehicle Boards and Com'ns.

Barber, McCaskill, Amsler, Jones & Hale by Guy Amsler, Jr., Little Rock, for Arkansas Auto. Dealers Ass'n.

House, Holmes & Jewell, P.A. by Darrell D. Dover, Little Rock, for appellee.

GEORGE ROSE SMITH, Justice.

We are called upon to consider the constitutional validity of the General Assembly's fifth successive act creating a Motor Vehicle Commission. Act 388 of 1975; Ark. Stat. Ann., Title 75, Ch. 23 (Repl.1979). The chancellor, relying upon our two previous decisions with respect to similar legislation, held this latest act invalid. We are convinced that in the two earlier cases the pertinent facts were not sufficiently developed to support...

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