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SMITH v. AMERICAN TRUCKING ASS'N, INC.

No. 89-232.

781 S.W.2d 3 (1989)

300 Ark. 594

Maurice SMITH, Director, Arkansas Highway & Transportation Department et al., Appellants, v. AMERICAN TRUCKING ASSOCIATION, INC. et al., Appellees.

Supreme Court of Arkansas.

December 11, 1989.

Attorney(s) appearing for the Case

Andrew L. Frey, Kenneth S. Geller, Evan M. Tager, Washington, D.C., Daniel T. Barney, Robert Digges, Jr., Alexandria, Va., Peter G. Kumpe, Little Rock, for appellants.

Robert L. Wilson, Ted Goodloe II, B.S. Clark, John Dewey Watson, Robert S. Shafer, Little Rock, for appellees.

NEWBERN, Justice.

This is an appeal from a chancellor's order granting a preliminary injunction. The injunction requires the appellants, referred to here collectively as "the state," to place in escrow certain highway use and fuel taxes upon collection. The appellees are the American Trucking Associations, Inc., and several trucking companies, representing a class of interstate trucking companies operating trucks registered outside Arkansas. They will be referred...

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