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GRAND RIVER ENTERPRISES SIX NATIONS, LTD. v. BEEBE

No. 08-1436.

574 F.3d 929 (2009)

GRAND RIVER ENTERPRISES SIX NATIONS, LTD., Plaintiff-Appellant, Southwestern Trading Co., Inc.; The Ritchie Grocer Co., Plaintiffs, Heber Springs Wholesale Grocery, Inc., Plaintiff, v. Mike BEEBE, in his official capacity as Attorney General, State of Arkansas, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 4, 2009.

Attorney(s) appearing for the Case

Leonard Violi, argued, Mamaroneck, NY, John R. Elrod, P. Joshua Wisley, Fayetteville, AR, Bruce W. Freeman, on the brief, Tulsa, OK, for appellant.

Gary D. Wilson, argued, Washington, DC, Eric B. Estes, AAG, and Bradford J. Phelps, AAG, argued, Little Rock, AR, for appellee.

Before MURPHY and SMITH, Circuit Judges, and LIMBAUGH, District Judge.

SMITH, Circuit Judge.

Grand River Enterprises Six Nations, Ltd., and Heber Springs Wholesale Grocery, Inc. (collectively "appellants") allege that Arkansas Code Annotated § 26-57-261 ("Allocable Share Amendment") violates the Sherman Act and various sections of the United States Constitution and the Arkansas Constitution. Mike Beebe, in his official capacity as Attorney General for the State of Arkansas ("the State"), moved to dismiss the claims for failure to...

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