McLane Southern, Inc. v. Davis

John B. Robbins, Judge.

This is an appeal from an order denying a motion for a preliminary injunction prohibiting an administrative proceeding initiated by the Arkansas Tobacco Control Board. We hold that the circuit judge did not abuse his discretion in denying the motion and affirm.

In October 2001, the Board notified McLane Southern, Inc., and McLane Company, Inc., 1 d/b/a McLane Southeast (henceforth “McLane”), cigarette wholesalers, that they were being charged with violating the anti-rebating provisions of the Unfair Cigarette Sales Act found in Ark. Code Ann. § 4-75-708 (b) (Repl. 2001)…