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McLANE CO., INC. v. DAVIS

No. 00-417.

33 S.W.3d 473 (2000)

343 Ark. 655

McLANE COMPANY, INC. v. Charlie DAVIS, Director of the Arkansas Tobacco Control Board.

Supreme Court of Arkansas.

Substituted Opinion on Denial of Rehearing December 14, 2000.

Attorney(s) appearing for the Case

Williams & Anderson LLP, by: Peter G. Kumpe, Stephen B. Niswanger, and Patrick W. McAlpine, for appellant.

Lax, Vaughn, Evans, & Fortson, P.A., by: Audrey R. Evans and Dana M. Landrum; and Connie Carroll, for appellee.

TOM GLAZE, Justice.

This is the second appeal by appellant McLane Company, Inc., regarding the application of Arkansas's Unfair Cigarette Sales Act, Ark.Code Ann. § 4-75-701 et seq., (Repl.1999) ("the Act"). McLane Company is a wholly owned subsidiary of Wal-Mart Stores, Inc., and a wholesaler of cigarettes and other products. In McLane, Inc. v. Weiss, 332 Ark. 284, 965 S.W.2d 109

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