Legal Opinion

International Tobacco Partners, Ltd. v. Beebe

District Court, W.D. Arkansas

Decided March 6, 2006No. Civ. 05-5065PublishedCited by 5 opinions

1Opinion of the Court

ORDER

HENDREN, District Judge.

Now on this 6th day of March, 2006, comes on for consideration Defendant’s Motion To Dismiss (document #21), and from said motion, and the response thereto, the Court finds and orders as follows:

1. Plaintiff asserts antitrust and constitutional challenges to A.C.A. § 26-57-261, as amended by Act 384 of 2005 (the “Escrow Statute”), and to A.C.A. § 26-57-1303(c) (the “Contraband Statute”). Count I of the Amended Complaint alleges that these statutes constitute illegal per se restraints of trade pursuant to 15 U.S.C. § 1 (the “Sherman Act”). 1 Count II alleges that…

2Cases cited24 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Barker v. WingoSupreme Court of the United States · 1972
  3. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  4. Fuentes v. ShevinSupreme Court of the United States · 1972
  5. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973

19 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Kt & G Corp. v. ATTORNEY GEN. OF STATE OF OKLAHOMACourt of Appeals for the Tenth Circuit · 2008
  2. Freedom Holdings, Inc. v. CuomoDistrict Court, S.D. New York · 2009
  3. Godfrey v. State, Department of Community & Economic DevelopmentAlaska Supreme Court · 2007
  4. International Tobacco Partners, Ltd. v. KlineDistrict Court, D. Kansas · 2007
  5. Godfrey v. State, Department of Community & Economic DevelopmentAlaska Supreme Court · 2007

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API