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STATE EX REL. NIXON v. QUIKTRIP CORP.

No. SC 85399.

133 S.W.3d 33 (2004)

STATE ex rel. Jeremiah W. (Jay) NIXON, Attorney General, Respondent, v. QUIKTRIP CORPORATION, Appellant.

Supreme Court of Missouri, En Banc.

March 30, 2004.

Attorney(s) appearing for the Case

Mark G. Arnold, St. Louis, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Anne E. Schneider, Asst. Atty. Gen., James R. Layton, State Solicitor, Jefferson City, for Respondent.

James D. Deutsch, Thomas W. Rynard, Jefferson City, for amicus curiae.

MICHAEL A. WOLFF, Judge.

Introduction

Does Missouri's Motor Fuel Marketing Act protect gas stations from competition, which may raise prices to consumers, or does the act only protect these businesses from injurious competition?

The state brought an action against QuikTrip for pricing its retail gasoline sales below its wholesale cost at its Herculaneum store on 23 days, alleging that QuikTrip violated the act. On stipulated facts, the...

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