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

No. SC 82473.

37 S.W.3d 237 (2001)

PORTS PETROLEUM COMPANY, INC. OF OHIO, an Ohio Corporation, Appellant, v. Jeremiah W. (Jay) NIXON, Attorney General of the State of Missouri, and Missouri Petroleum Marketers Association / Missouri Association of Convenience Stores, Respondents.

Supreme Court of Missouri, En Banc.

January 31, 2001.

Attorney(s) appearing for the Case

David M. Harris, John E. Petite, St. Louis, for Appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Douglas M. Ommen, Asst. Atty. Gen., Jefferson City, Michael J. Delaney, Assistant Attorneys General, St. Louis, for respondent Mo. Attorney General.

James B. Deutsch, Marc H. Ellinger, Jefferson City, for respondent Mo. Petroleum Marketers Assn./Mo. Assn. of Convenience Stores.

LIMBAUGH, Judge.

Plaintiff, Ports Petroleum Company, Inc. of Ohio (Ports), appeals the circuit court's entry of summary judgment in favor of defendants, Attorney General Jeremiah W. Nixon and Missouri Petroleum Marketers Association/Missouri Association of Convenience Stores on Ports' claims for declaratory and injunctive relief. Ports asserts that: (1) the attorney general did not have authority to issue a civil investigative demand (CID) under the Merchandising...

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