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ARKANSAS TOBACCO CONTROL BD. v. SITTON

No. 03-414.

166 S.W.3d 550 (2004)

ARKANSAS TOBACCO CONTROL BOARD v. Brenda SITTON.

Supreme Court of Arkansas.

May 6, 2004.

Attorney(s) appearing for the Case

Mike Beebe, Att'y Gen., by: Arnold M. Jochums, Ass't Att'y Gen., Little Rock, for appellant.

Gill, Elrod, Ragon, Owen, & Sherman, P.A., by: John P.Gill, Little Rock, for appellee.

Lax, Vaughan, Fortson, McKenzie & Rowe, P.A., by: Grant E. Fortson, Little Rock, for amicus curiae.

JIM HANNAH, Justice.

The Arkansas Tobacco Control Board (ATCB) appeals a decision of the Pulaski County Circuit Court finding that in the absence of the ATCB adopting regulations defining the statutory terms "trade discounts" and "rebate," the Unfair Cigarette Sales Act (UCSA) prohibition against rebates is void for vagueness as applied in this case. We affirm the circuit court and hold that a person of ordinary intelligence is not on fair notice of whether payments...

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