Strickland v. Rio Stores, Inc.

Nichols, Chief Justice.

The state revenue commissioner appeals from a judgment declaring that subsection (h) of section 5 of Ga. L. 1955, pp. 268, 274, as amended by Ga. L. 1960, pp. 125, 128 (Code Ann. § 92-2204 (h)), and Reg. § 560-8-6-.08, issued by the commissioner pursuant to subsection (h), are violative of the due process clause of the Constitution of Georgia. Art. I, Sec. I, Par. I, Constitution of Georgia of 1976 (Code Ann; § 2-101).

Subsection (h) provides: "No distributor or dealer as defined in this Chapter shall sell cigars or cigarettes below their cost price. The cost price shall…