BEATIE v. CITY OF NEW YORK

No. 1151, Docket 96-9131.

123 F.3d 707 (1997)

Russel H. BEATIE, Jr., Plaintiff-Appellant, v. CITY OF NEW YORK; Rudolph Giuliani, Mayor, Mayor of the City of New York; Council of the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 2, 1997.


Attorney(s) appearing for the Case

Russel H. Beatie, Jr., New York City (Craig M. Deitelzweig, New York City, of counsel), for Plaintiff-Appellant.

Cheryl Payer, New York City (Paul A. Crotty, Corporation Counsel of the City of New York, Stephen J. McGrath, Richard M. Weinberg, Deborah Rand, New York City, of counsel), for Defendants-Appellees.

Before: CARDAMONE, JACOBS and CABRANES, Circuit Judges.


CARDAMONE, Circuit Judge:

Today, cigar makers cannot keep up with the demand for their product. William G. Flanagan, Cigar Madness, Forbes, April 21, 1997, at 134. Reasons advanced for this new-found popularity range from the attraction the politically incorrect cigar holds for those who dislike to run with the herd, to the role of the cigar as a status symbol, as telling as a cellular telephone. See JR Tobacco of America, Inc. v. Davidoff of Geneva,

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