PORTS PETROLEUM CO., INC. OF OHIO v. TUCKER

No. 95-705.

916 S.W.2d 749 (1996)

323 Ark. 680

PORTS PETROLEUM COMPANY, INC. OF OHIO, Appellant, v. Jim Guy TUCKER, As Governor of the State of Arkansas; Winston Bryant, As Attorney General of the State of Arkansas; Lone Star Company, Inc.; Thomas Oil Company; and Arkansas Oil Marketers Association, Appellees.

Supreme Court of Arkansas.

March 11, 1996.


Attorney(s) appearing for the Case

Peter G. Kumpe, Leon Holmes, Little Rock, for appellant.

Sherry P. Bartley, Marshall S. Ney, Angela S. Jegley, Senior Asst. Atty., Little Rock, for appellee.


BROWN, Justice.

The issue before this court is whether the Arkansas Petroleum Trade Practices Act (Act 380 of 1993) violates the Arkansas Constitution by impinging on the due process rights, the equal protection rights, and the privileges and immunities of appellant Ports Petroleum Co., Inc. We hold that Act 380 is constitutionally infirm because of its failure to include an element of predatory intent for a violation. As a consequence, the Act is overbroad in its...

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