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WAL-MART STORES, INC. v. AMERICAN DRUGS, INC.

No. 94-235.

891 S.W.2d 30 (1995)

319 Ark. 214

WAL-MART STORES, INC., Appellant, v. AMERICAN DRUGS, INC., Tim Benton d/b/a Mayflower Family Pharmacy and Jim Hendrickson d/b/a Baker Drug, Appellees.

Supreme Court of Arkansas.

January 9, 1995.

Attorney(s) appearing for the Case

Andrew L. Frey, Roy T. Englert, Jr., Washington, DC, William H. Sutton, Peter G. Kumpe, and J. Leon Holmes, Little Rock, for appellant.

Matthew W. Adlong, Pamela Osment, and Michael L. Murphy, Conway, for appellees.

BROWN, Justice.

Appellant Wal-Mart Stores, Inc. appeals from an order of the chancery court enjoining it from engaging in below-cost sales and assessing damages against it for violation of the Arkansas Unfair Practices Act. Wal-Mart argues on appeal: (1) that the chancery court erred as a matter of law in finding that it sold products below cost for the purpose of injuring competitors and destroying competition; (2) that the chancery court erred in considering individual...

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