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YAMAHA MOTOR CORP. v. STROUD

No. 98-3870.

179 F.3d 598 (1999)

YAMAHA MOTOR CORPORATION, U.S.A., Plaintiff/Appellant, v. Patricia STROUD, Individually, and as Director of the Arkansas Motor Vehicle Commission; Joe Morgan, Individually, and as a member of the Arkansas Motor Vehicle Commission; L.J. Simms, Individually, and as a member of the Arkansas Motor Vehicle Commission; Shawn Chafin, Individually, and as a member of the Arkansas Motor Vehicle Commission; Lonnie Campbell, Individually, and as a member of the Arkansas Motor Vehicle Commission; Eddie Hardin, Individually, and as a member of the Arkansas Motor Vehicle Commission, Defendants/Appellees.

United States Court of Appeals, Eighth Circuit.

Filed June 3, 1999.

Attorney(s) appearing for the Case

Marshall S. Ney, Little Rock, Arkansas, argued (Leigh Anne Yeargan, Little Rock, Arkansas, on the brief), for Plaintiff/Appellant.

Gregory L. Crow, Little Rock, Arkansas, argued, for Defendant/Appellee.

Before: WOLLMAN, Chief Judge, BEAM and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

This case arises from the attempt of Yamaha Motor Corporation U.S.A. (Yamaha) to open a new Arkansas dealership for its motorcycles and all-terrain vehicles. It understood that a 1997 legislative amendment had excluded this type of dealership from certain statutory application requirements, but state officials proceeded to invoke notice and hearing procedures which Yamaha believed were no longer applicable. Yamaha responded by filing this 42...

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