# Smith v. American Trucking Ass'n, Inc.

> Supreme Court of Arkansas · December 11, 1989 · 300 Ark. 594

URL: https://www.frixlaw.com/law-library/cases/9765515

## Case

- **Full name:** Maurice SMITH, Director, Arkansas Highway & Transportation Department, Et Al. v. AMERICAN TRUCKING ASSOCIATION, INC., Et Al.
- **Court:** Supreme Court of Arkansas
- **Decided:** December 11, 1989
- **Citations:** 300 Ark. 594; 781 S.W.2d 3; 1989 Ark. LEXIS 566
- **Precedential status:** Published
- **Opinion:** Concurrence by Hays
- **Judges:** Hays, Newbern
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9765515

## How later opinions describe it (automated extraction)

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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9765515. Public record. Not legal advice.