McLane Southern, Inc. v. Davis

Jim Gunter, Justice.

McLane Southern, Inc. (“McLane”), a Mississippi corporation licensed to do business in Arkansas, is a cigarette wholesaler. On July 17, 2003, McLane filed a complaint against the Arkansas Tobacco Control Board (the “Board”), requesting the circuit court to declare the Unfair Cigarette Sales Act, as amended by Act 627 of2003 (the”Act”), 1 unconstitutional under the due-process clauses of the Arkansas and United States Constitutions. McLane also requested the court to enjoin the Board from enforcing the Act against it during the pendency of the lawsuit. The circuit court…