REMOTE SERVICES, INC. v. FDR CORP.

No. 88-SC-000147-D.

764 S.W.2d 80 (1989)

REMOTE SERVICES, INC., Convenient Industries of America, Expediency, Inc., Terry K. Smith and Expediency, Inc. d/b/a Convenient Food Mart # 152, Appellants, v. FDR CORPORATION, d/b/a Keystop, Appellee.

Supreme Court of Kentucky.

January 19, 1989.


Attorney(s) appearing for the Case

Thomas G. Mooney, Ewen, MacKenzie, & Peden, P.S.C., Louisville, for appellants.

B. Hume Morris, Sally H. Lambert, Robert W. Keats, Ray & Morris, Louisville, for appellee.


STEPHENS, Chief Justice.

On this appeal we decide the constitutionality of one of Kentucky's so-called Unfair Trade Practices Acts, KRS 365.030.

On June 25, 1986, appellee filed a complaint in the Jefferson Circuit Court alleging that appellants had violated the provisions of KRS 365.030 by selling gasoline and gasoline products at less than cost for the purpose of injuring competitors and destroying competition. Appellants answered, claiming among other things...

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