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COUNCIL OF TOBACCO MFRS. v. STATE

No. A03-2020.

685 N.W.2d 467 (2004)

COUNCIL OF INDEPENDENT TOBACCO MANUFACTURERS OF AMERICA, et al., Appellants, v. The STATE of Minnesota, et al., Respondents.

Court of Appeals of Minnesota.

August 24, 2004.

Attorney(s) appearing for the Case

Thomas H. Boyd, Karl E. Robinson, Winthrop Weinstine, P.A., Suite Minneapolis, MN and Anthony F. Troy, Troutman Sanders, LLP, 1122, Richmond, VA, for appellants.

Mike Hatch, Attorney General, Hilary Lindell Caligiuri, Deputy Attorney General, Bradford S. Delapena, Assistant Attorney General, St. Paul, MN, for respondents.

Walter A. Pickhardt, Faegre Benson, LLP, Minneapolis, MN, for amicus curiae Brown Williamson Tobacco Corporation.

Considered and decided by STONEBURNER, Presiding Judge; SCHUMACHER, Judge; and FORSBERG, Judge.

OPINION

ROBERT H. SCHUMACHER, Judge.

Appellants Council of Independent Tobacco Manufacturers of America, Carolina Tobacco Company, and Winner Tobacco Wholesale, Inc. brought this action to prohibit enforcement of Minn.Stat. ?297F.24 (Supp.2003), alleging that the statute violates the First Amendment, Equal Protection and state uniformity clauses. Appellants further contend that the statute is a bill of attainder and unconstitutional special legislation....

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