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BROWN & WILLIAMSON TOBACCO CORP. v. PATAKI

Docket Nos. 01-7806, 01-7813.

320 F.3d 200 (2003)

BROWN & WILLIAMSON TOBACCO CORPORATION, BWTdirect, LLC and Santa Fe Natural Tobacco Co., Inc., Plaintiffs-Appellees, v. George E. PATAKI, in his official capacity as Governor of the State of New York, Eliot Spitzer, in his official capacity as Attorney General of the State of New York, Antonia C. Novello, M.D., in her official capacity as Commissioner of Health of the State of New York and Arthur J. Roth, individually and in his capacity as Commissioner of Taxation and Finance of the State of New York, Defendants-Appellants, Teresa Mason, individually and in her capacity as Sheriff of the City of New York, Defendant.

United States Court of Appeals, Second Circuit.

Decided: February 13, 2003.

Attorney(s) appearing for the Case

Lisa M. Landau, Assistant Attorney General of the State of New York, New York, N.Y. (Eliot Spitzer, Attorney General of the State of New York, Caitlin J. Halligan, Solicitor General of the State of New York, Daniel Smirlock, Deputy Solicitor General, Andrew Bing, Assistant Solicitor General, on the briefs), for Defendants-Appellants.

David H. Remes, Covington & Burling, Washington, DC (M. Stacey Bach, Covington & Burling, Washington, DC, Laurence A. Silverman, Mark P. Gimbel, Covington & Burling, New York, NY, on the brief), for Plaintiffs-Appellees Brown & Williamson Tobacco Corp. and BWTDirect, LLC.

Rodrick J. Enns, Enns & Archer LLP, Winston-Salem, NC (Franklin B. Velie, Dierdre A. Burgman, Salans Hertzfeld Heilbronn Christy & Viener, New York, NY), for Plaintiff-Appellee Santa Fe Natural Tobacco Co., Inc.

Before: MINER, CABRANES, and POOLER, Circuit Judges.

Judge CABRANES concurs in the judgment.

MINER, Circuit Judge.

Defendants-appellants the Governor of the State of New York and other State officials (the "State") appeal from a judgment entered in the United States District Court for the Southern District of New York (Preska, J.) striking down as unconstitutional section 1399-ll of New York's Public Health Law ("the Statute"), the court having found that the Statute discriminates against interstate...

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