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PREMIUM TOBACCO STORES, INC. v. FISHER

No. 99-K-869.

51 F.Supp.2d 1099 (1999)

PREMIUM TOBACCO STORES, INC., a California corporation d/b/a Cigarettes Cheaper; The Pop Broker, Inc., a Colorado corporation; and Young Shim Kim d/b/a MJ Sales Co., Plaintiffs, v. Fred FISHER, Executive Director, Department of Revenue, State of Colorado in his official capacity, Defendant.

United States District Court, D. Colorado.

June 11, 1999.

Attorney(s) appearing for the Case

Craig B. Shaffer, Joanne Herlihy, Dufford & Brown, P.C., Denver, CO, Matthew J. Fairshter, Joel R. Bennett, Fairshter & Associates, Pasadena, CA, for plaintiffs.

Ken Salazar, Attorney General, Neil L. Tillquist, Assistant Attorney General, Office of Attorney General, Denver, CO, for defendant.

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

I. Background.

This is a constitutional challenge to two Colorado statutes (C.R.S. §§ 39-28-104.5 and 39-28.5-111) enacted by the state on March 24, 1999. Plaintiffs in this case are Premium Tobacco Stores, a California corporation selling cigarette and tobacco products, The Pop Broker, a Colorado corporation selling soft drinks and cigarettes, and Young Shim Kim, a Colorado...

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