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AR TOBACCO CONTROL v. SANTA FE NAT TOBACCO

No. 04-273.

199 S.W.3d 656 (2004)

ARKANSAS TOBACCO CONTROL BOARD, Appellant, v. SANTA FE NATURAL TOBACCO COMPANY, INC., Appellee.

Supreme Court of Arkansas.

December 9, 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.

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C., by: Leigh Anne Shults, Little Rock; and Enns & Archer LLP, by: Rodrick J. Enns, Winston-salem, for appellee.

ANNABELLE CLINTON IMBER, Justice.

This case involves the judicial review of a decision by Appellant Arkansas Tobacco Control Board ("the Board") to deny the petition of Appellee Santa Fe Natural Tobacco Company ("Santa Fe") for a retail cigarette and tobacco permit for its New Mexico and North Carolina locations. The Board based its denial on its interpretation of Ark.Code. Ann. § 26-57-203(11)(Repl.1997) as requiring a physical location in Arkansas for the sale...

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