STATE v. RIO VISTA OIL, LTD.

No. 860620.

786 P.2d 1343 (1990)

The STATE of Utah, By and Through the DIVISION OF CONSUMER PROTECTION, Dixie L. Minson, Director, Plaintiff, Appellant, and Cross-Appellee, v. RIO VISTA OIL, LTD., a corporation of the State of Utah, Defendant, Appellee, and Cross-Appellant.

Supreme Court of Utah.

February 8, 1990.


Attorney(s) appearing for the Case

R. Paul Van Dam, Stephen G. Schwendiman, Ruth Lybbert Renlund, Salt Lake City, for plaintiff, appellant and cross appellee.

L.R. Gardiner, Jr., Thomas R. Vuksinick, Salt Lake City, for defendant, appellee and cross appellant.


ZIMMERMAN, Justice:

The State of Utah, through the Division of Consumer Protection, appeals a district court decision holding that the Motor Fuel Marketing Act ("the Act") is unconstitutional. See Utah Code Ann. §§ 13-16-1 to -9 (1986 & Supp. 1989) (amended 1987).1 The court ruled that several provisions of the Act relating to its ban on below-cost sales violated the due process clauses of both the Utah and the United...

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