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XCALIBER INTERN. LTD., LLC v. FOTI

No. 05-30323.

442 F.3d 233 (2006)

XCALIBER INTERNATIONAL LIMITED, LLC; et al., Plaintiffs, Xcaliber International Limited, LLC, Plaintiff-Appellant, v. Charles C. FOTI, Jr., in his official capacity as Attorney General, State of Louisiana, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 1, 2006.

Attorney(s) appearing for the Case

Kyle M. Keegan (argued), Roy, Kiesel, Keegan & DeNicola, Baton Rouge, LA, for Plaintiff-Appellant.

Thomas L. Enright, Jr. (argued), Baton Rouge, LA, for Foti.

Before JONES, DeMOSS and CLEMENT, Circuit Judges.

PER CURIAM:

Plaintiff-Appellant Xcaliber International Limited, LLC ("Appellant" or "Xcaliber") appeals the district court's order dismissing under Federal Rule of Civil Procedure 12(b)(6) Appellant's federal and state free speech, equal protection, and procedural due process claims. We vacate and remand.

Since 2003, Appellant has manufactured tobacco products and distributed them primarily in Louisiana, Kansas, and Oklahoma.

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