Case Details

Year Initiated/Committed


Year Resolved


Settlement Amount

$7,000 plus $1,000 costs


Fourth Judicial District, Elko County, Nevada

Docket Number


Lead State


Participating States



Merkley & Hankins, Inc., Norman L. Horsley, Gary Bornhoft and Gail Bornhoft, formerly d/b/a Shell Service Center, J. Gobin Smales, d/b/a Butch’s Shell

Case Description

Nevada Attorney General filed a complaint under the Nevada Unfair Trade Practice Act against the above-referenced defendants for gasoline price fixing. This action was resolved when the State and the Defendants entered into a Stipulation, Consent Decree. The Defendants did not admit to or deny the allegations brought forth in the filed complaint. In accordance with NRS 598A.160(2), the Defendants agreed to pay the State $6,000.00 in civil penalties. Once the court received the funds, the $6,000 was then distributed to the City of Elko’s Street Maintenance Department and the County of Elko Highway Department for repairs to the streets, roads and highways. Additionally, the Defendants were required to pay for the printing and distribution of an antitrust law information pamphlet to be distributed to the Elko business community and surrounding areas. The costs for the pamphlets were not to exceed $1,000. The Defendants also agreed to pay the Attorney General $1,000 for costs. The district court retained jurisdiction for purposes of future enforcement due to non-compliance by the Defendants.