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OLTRA, INC. v. PATAKI

No. 03-CV-319S.

273 F.Supp.2d 265 (2003)

OLTRA, INC., Smoke Signals Tobacco, Smokes-Spirits.com, Greystone Enterprises, Inc., Donald McDonald, and Carmen J. Greco, Plaintiffs, 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, and Antonia C. Novello, M.D., in her official capacity as Commissioner of Health of the State of New York, Defendants.

United States District Court, W.D. New York.

June 23, 2003.

Attorney(s) appearing for the Case

Joseph F. Crangle, Colucci & Gallaher, P.C., Buffalo, NY, Margaret A. Murphy, Buffalo, NY, James Bikoff, Silverberg, Goldman & Bikoff, Washington, DC, for Plaintiffs.

Stephen F. Gawlik, Assistant Attorney General, Buffalo, NY, for Defendants.

DECISION AND ORDER

SKRETNY, District Judge.

I. INTRODUCTION

In this case, Plaintiffs challenge the constitutionality of a New York statute that essentially prohibits the shipment and transportation of cigarettes directly to New York consumers. On June 17, 2003, Plaintiffs moved for a Temporary Restraining Order to prevent Defendants from enforcing this statute.

Initially, it is important to consider the specific issues...

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