Opinion

Smith v. American Trucking Ass'n, Inc.

  • 300 Ark. 594
  • 781 S.W.2d 3
  • 1989 Ark. LEXIS 566
Court
Supreme Court of Arkansas
Filed
Dec 11, 1989
Status
Published
Author
Hays
On the bench
Hays, Newbern
Cited by
14 cases
Authority
More cited than 10.5%

holding that a party seeking a preliminary injunction must demonstrate both irreparable harm and a likelihood of success on the merits of the suit

How later courts described this case

  • holding that a party seeking a preliminary injunction must demonstrate both irreparable harm and a likelihood of success on the merits of the suit

Written by the judges who cited it.

The opinion

Steele Hays, Justice, concurring. I do not agree that appellees have demonstrated the “strong likelihood of success on the merits,” that the law requires. Munson v. Gilliam, 543 F.2d 48 (8th Cir. 1976). However, I do agree that an escrow of the highway use and decal taxes is an appropriate step, for the present, given the unique history of this litigation. On that basis alone I concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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