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STRICKLAND v. PORTS PETROLEUM CO.

43535, 43558.

256 Ga. 669 (1987)

353 S.E.2d 17

STRICKLAND v. PORTS PETROLEUM COMPANY, INC. GEORGIA ASSOCIATION OF PETROLEUM RETAILERS, INC. v. TEXACO, INC. et al.

Supreme Court of Georgia.

Decided February 16, 1987.

Attorney(s) appearing for the Case

Peyton S. Hawes, Jr., Harrill L. Dawkins, Denmark Groover, Jr., for appellants.

Frank J. Beltran, H. Michael Dever, for appellee (case no. 43535).

H. Jerome Strickland, Robert C. Norman, Jr., Randall B. Robinson, Earle B. May, Jr., Kevin E. Grady, Mary C. Gill, Jule W. Felton, Jr., John G. Parker, John L. Watkins, William Pitts Carr, Eric E. Huber, David R. Aufdenspring, Jeffrey W. Kelley, Dean S. Daska, for appellees (case no. 43558).

SMITH, Justice.

These two cases were consolidated because they both involve constitutional challenges to the Below Cost Sales Act. The appellants, Richard Strickland and the Georgia Association of Petroleum Retailers, Inc., respectively sought injunctions to prevent: 1) appellee Ports Petroleum Company, Inc., from selling its gasoline below cost in violation of OCGA § 10-1-254 (a) (1); and 2) appellee Texaco et al., from selling its gasoline at discriminatory...

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