081436P.pdf   08/04/2009  Grand River Enterprises Six Na  v.  Mike Beebe
   U.S. Court of Appeals Case No:  08-1436
   U.S. District Court for the Western District of Arkansas - Fayetteville   
   [PUBLISHED] [Smith, Author, with Murphy, Circuit Judge, and
   Limbaugh, District Judge]
   Civil case - Tobacco litigation. While the Arkansas statutory
   framework concerning implementation of the Master Settlement
   Agreement may have some anticompetitive effect on non-participating
   manufacturers, plaintiffs failed to show that the Allocable Share
   Amendment at issue amounted to a per se violation of the Sherman Act;
   claim that the Master Settlement Agreement created a hybrid restrain of
   trade in violation of the Sherman Act is rejected; state was immune from
   liability under the doctrine announced in Parker v. Brown, 317 U.S. 341
   (1943); Master Settlement Agreement does not violate the Commerce
   Clause, and the Allocable Share Amendment does not create an equal
   protection violation; due process arguments rejected. Judge Steven N.
   Limbaugh, Jr., concurring in part and dissenting in part.