(DOWNLOAD) "State v. Nelson" by Supreme Court of Arkansas ~ Book PDF Kindle ePub Free
eBook details
- Title: State v. Nelson
- Author : Supreme Court of Arkansas
- Release Date : January 24, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
This appeal was taken from an order in an action originally brought by G. D. Nelson, a citizen and a taxpayer, against Berry
Petroleum Company, Arkansas Bitumuls Company, Lion Oil, Inc., MacMillan Ring-Free Oil Company, Inc. and Bitucote Products
Company. We held that Nelson had stated a cause of action against the above-named parties. Nelson v. Berry Petroleum Co.,
242 Ark. 273, 413 S.W.2d 46. After remand each of the defendants answered, denying the allegations of Nelson's complaint and
pleading the statute of limitations. The plaintiff taxpayer then filed a motion asking that he be permitted to proceed without
cost to him or any other taxpayer and that the State of Arkansas be required to bear the cost of the proceedings. Thereafter,
the state and its Highway Commission sought permission to intervene, alleging that this action was necessary in order to protest
the [246 Ark Page 213] interests of the state and its citizens and taxpayers. In response to Nelson's motion, the state,
through is Attorney General and the Highway Commission, expressed willingness to assume the prosecution of the cause, which,
they said, would obviate the necessity of further cost being borne by Nelson. Permission to intervene was granted. The intervenors, before filing any other pleading but within the time allowed them for filing their intervention, filed a
motion for stay of the proceedings. In this motion, it was alleged that intervenors had filed suits in the United States District
Court for Eastern District of Arkansas against the defendants seeking recovery under the Sherman and Clayton Acts for alleged
price fixing and allocation of territory by them. 1 As a basis for the stay, the state asserted that, although the causes
of action arose out of the same course of conduct by the defendants, recovery of treble damages, attorneys' fees and costs
and expenses permitted under the federal laws could not be had in the state action. The court was asked to stay all proceedings
by any party until disposition has been made of the cases pending in the federal district court, and to relieve the intervenors
of further pleading until they were ordered to do so. The trial court denied the motion, but continued the matter and granted
intervenors an additional week for filing their intervention.