Carney v. Hanson Oil Co., Inc.

DONNELLY, Judge.

This appeal is from a summary judgment permitting an investor to rescind his purchase of oil and gas interests under § 409.-411, RSMo Supp.1982, because they were not registered prior to sale under § 409.-301, RSMo 1978, and because there is no exemption from registration of such interests under § 409.402(b), RSMo 1978. At issue is whether § 409.402(b), as applied, violates the Supremacy Clause, the Commerce Clause, and the Equal Protection Clause of the United States Constitution. This Court has jurisdiction pursuant to Mo. Const, art. V, § 3.

There is no dispute as to the…