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McLANE SOUTHERN, INC. v. DAVIS

No. CA 02-89.

90 S.W.3d 16 (2002)

80 Ark.App. 30

McLANE SOUTHERN, INC., and McLane Company, Inc., d/b/a McLane Southeast, v. Charlie DAVIS, Director of the Arkansas Tobacco Control Board, and the Arkansas Tobacco Control Board.

Court of Appeals of Arkansas, Division IV.

November 20, 2002.

Attorney(s) appearing for the Case

Williams & Anderson LLP, by: Peter G. Kumpe, Stephen B. Niswanger and Clifford P. Block, Little Rock, for appellants.

Mark Pryor, Att'y Gen., by: Arnold M. Jochums, Ass't Att'y Gen., Little Rock, for appellees.

Lax, Vaughn, Fortson & McKenzie, P.A., by: Grant E. Fortson, Little Rock, for appellees.

JOHN B. ROBBINS, Judge.

This is an appeal from an order denying a motion for a preliminary injunction prohibiting an administrative proceeding initiated by the Arkansas Tobacco Control Board. We hold that the circuit judge did not abuse his discretion in denying the motion and affirm.

In October 2001, the Board notified McLane Southern, Inc., and McLane Company, Inc.,1 d/b/a McLane Southeast (henceforth "McLane"), cigarette wholesalers...

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