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INDEPENDENT TOBACCO MFRS. v. STATE

No. A03-2020.

713 N.W.2d 300 (2006)

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

Supreme Court of Minnesota.

Rehearing Denied May 16, 2006.

OPINION

PAGE, Justice.

We are asked to determine the constitutionality of Minn.Stat. § 297F.24 (2004), Minnesota's Cigarette Fee Act (the Act). Appellants, Council of Independent Tobacco Manufacturers of America, Carolina Tobacco Co., and Winner Tobacco Wholesale, Inc. (collectively, appellants), challenge the constitutionality of the Act on three grounds: (1) violation of the First Amendment to the United States Constitution and Article I, Sections...

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