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CLARK OIL & REFINING CORP. v. ASHCROFT

No. 63935.

639 S.W.2d 594 (1982)

CLARK OIL & REFINING CORP., et al., Respondents-Plaintiffs, v. The Honorable John ASHCROFT, Attorney General of Missouri, Appellant-Defendant.

Supreme Court of Missouri, En Banc.

Rehearing Denied October 12, 1982.

Attorney(s) appearing for the Case

John Ashcroft, Atty. Gen., William L. Newcomb, Jr., Warren D. Weinstein, Robert E. Dolan, Jr., Asst. Attys. Gen., Jefferson City, for appellant-defendant.

Thomas M. Carney, St. Louis, William J. Fleischaker, Joplin, Linda Martin, Tulsa, Okl., Gary T. Nelms, Springfield, Alex Bartlett, Jefferson City, Francis J. LaPallo, Washington, D.C., for respondents-plaintiffs.

SEILER, Judge.

The attorney general appeals from a declaratory judgment entered in Cole County Circuit Court March 11, 1982, ruling that the Missouri attorney general had no power under Missouri law to maintain parens patriae damage actions pursuant to § 4C of the Clayton Antitrust Act, 15 U.S.C. § 15c (1976).1 We reverse and remand.

Appellants base jurisdiction on the...

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