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GEO. W. COCHRAN CO. v. COMPTROLLER

[No. 150, September Term, 1980.]

292 Md. 3 (1981)

437 A.2d 194

GEORGE W. COCHRAN CO., INC. v. COMPTROLLER OF THE TREASURY, ALCOHOL AND TOBACCO TAX DIVISION

Court of Appeals of Maryland.

Decided November 24, 1981.

Attorney(s) appearing for the Case

Ronald A. Schechter, with whom were David T. Austern and Goldfarb, Singer & Austern and Jayson Amster on the brief, for appellant.

Amicus curiae brief of The Maryland Tobacco and Candy Distributors Association filed by Paul T. McHenry, Jr.

Mark D. Gately and Gerald Langbaum, Assistant Attorneys General, with whom were Stephen H. Sachs, Attorney General, and Charles O. Monk, II and Naomi F. Samet, Assistant Attorneys General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.

ELDRIDGE, J., delivered the opinion of the Court.

The principal question presented in this case is whether the Maryland Unfair Cigarette Sales Act, Maryland Code (1975), § 11-501, et seq., of the Commercial Law Article is valid in light of the state action exception to § 1 of the Sherman Antitrust Act, 15 U.S.C. § 1.1

In 1956, the Maryland Legislature found that cigarettes...

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