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ARK. DEPT. OF FINANCE v. PHARMACY ASSOCIATES, INC.

No. 97-1293.

970 S.W.2d 217 (1998)

333 Ark. 451

ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION AND MERCK-MEDCO MANAGED CARE, INC., Appellants, v. PHARMACY ASSOCIATES, INC., Appellee.

Supreme Court of Arkansas.

June 4, 1998.

Attorney(s) appearing for the Case

Byron Freeland, Mark N. Halbert, Winston Bryant, Atty. Gen., Glen Hooks, Asst. Atty. Gen., Little Rock, for Appellant.

M. Darren O'Quinn, Little Rock, for Appellee.

THORNTON, Justice.

The question in this case is whether a state agency can claim the competitive-advantage exception under the Arkansas Freedom of Information Act (the FOIA) on behalf of the person who supplied the information. Appellants are the Arkansas Department of Finance and Administration (DF & A) and Merck-Medco Managed Care, Inc. (Medco). The appellee Pharmacy Associates, Inc. sought disclosure of Medco's successful bid proposal from DF & A. When...

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