PHILIP MORRIS, INC. v. HARSHBARGER

Nos. 98-1199, 98-1200.

159 F.3d 670 (1998)

PHILIP MORRIS, INCORPORATED, et al., Plaintiffs, Appellees, v. Scott HARSHBARGER, Attorney General of Massachusetts, et al., Defendants, Appellants. UNITED STATES TOBACCO COMPANY, et al., Plaintiffs, Appellees, v. L. Scott HARSHBARGER, Attorney General of Massachusetts, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided November 6, 1998.


Attorney(s) appearing for the Case

William W. Porter, Assistant Attorney General, with whom Scott Harshbarger Attorney General, and Thomas A. Barnico, Assistant Attorney General, were on brief, for appellants.

Henry C. Dinger, with whom Henry C. Dinger, P.C., Thomas J. Griffin, Jr., Cerise Lim-Epstein, Goodwin, Procter & Hoar, LLP, Verne W. Vance, Jr., John H. Henn, Foley, Hoag & Eliot LLP, Donald J. Wood, Connarton, Wood & Callahan, Richard M. Zielinski, Hill & Barlow, Herbert Dym, Clausen Ely, Jr., Patricia A. Barald, David H. Remes, and Covington & Burling were on brief, for appellees in No. 98-1199.

George J. Skelly, with whom Thomas J. Dougherty, Skadden, Arps, Slate, Meagher & Flom LLP, A. Hugh Scott, Robert A. Kole, Choate, Hall & Stewart, John L. Oberdorfer, G. Kendrick Macdowell, and Patton Boggs, L.L.P. were on brief, for appellees in No. 98-1200.

Before SELYA, Circuit Judge, WELLFORD, Senior Circuit Judge, and LIPEZ, Circuit Judge.


SELYA, Circuit Judge.

The plaintiffs in this case, manufacturers of cigarettes and smokeless tobacco products,1 mounted a constitutional challenge to the novel ingredient-reporting requirements of Mass. Gen. L. ch. 94, § 307B (Section 307B). The district court granted the plaintiffs' motion for a preliminary injunction restraining two state officials (collectively, the Commonwealth) from enforcing these requirements. In this venue...

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