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WALKER v. PRIEST

No. 00-1037.

29 S.W.3d 657 (2000)

342 Ark. 410

William L. "Bill" WALKER, R.C. "Bill" Lewellen, Jean Edwards, John Lewellen, Tracy Steele, John Eason, Robert White, Lindergh Thomas, Michael Booker, Wilma Walker, Henry Wilkins IV, Joe Harris, Steve Jones, Arnell Willis, Calvin Johnson, Individually and as Members of the Arkansas Legislative Black Caucus, Petitioners, and James Lane, Intervenor v. Sharon PRIEST, In her Official Capacity as Secretary of State of the State of Arkansas, and Arkansas Children's Hospital, Arkansas Hospital Association, Governor Mike Huckabee, University of Arkansas, Arkansas State University, American Cancer Society, American Heart Association, American Lung Association, Arkansans for Drug Free Youth, Hispanic Health Program, Campaign for Tobacco Free Kids, and National Black Leadership Initiative on Cancer, Individually, and as Members of Coalition for a Healthy Arkansas Today ("CHART"), Intervenors.

Supreme Court of Arkansas.

October 20, 2000.

Attorney(s) appearing for the Case

Rickey Hicks, Little Rock, R.C. "Bill" Lewellen, Marianna, Herschel W. Cleveland, Paris, Michael D. Booker, Little Rock, for petitioners.

Rieves, Rubens & Mayton, by: Kent J. Rubens, West Memphis, for intervenor James Lane.

Tim Humphries, General Counsel, Arkansas Secretary of State; and Mark Pryor, Att'y Gen., by: Dennis R. Hansen, Ass't Att'y Gen., Little Rock, for respondent.

Williams & Anderson LLP, by: W. Jackson Williams, Peter G. Kumpe, and Jess Askew III, Little Rock, for intervenors Arkansas Children's Hospital et al.

TOM GLAZE, Justice.

Representative Bill Walker and other members of the Arkansas Legislative Black Caucus filed this original action petition, under Ark. Const., amend. 7, seeking to enjoin the Secretary of State from placing Proposed Initiated Act No. 1 ("The Tobacco Settlement Proceeds Act") on the November 7, 2000, General Election ballot. The petitioners generally allege that the ballot title of the act "fails to convey an intelligible idea of the scope and import...

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