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CARTER v. CAROLINA TOBACCO CO., INC.

No. 49A04-0503-CV-151.

873 N.E.2d 611 (2007)

Steve CARTER, in his official capacity as Attorney General of the State of Indiana, and Adam M. Warnke, in his official capacity as Deputy Attorney General and Section Chief for Tobacco Litigation, Appellants-Defendants, v. CAROLINA TOBACCO COMPANY, INC., Appellee-Plaintiff.

Court of Appeals of Indiana.

September 17, 2007.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, Lawrence J. Carcare, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellants.

Jackie M. Bennett, Jr., F. Anthony Paganelli, Sommer Barnard PC, Indianapolis, IN, Attorneys for Appellee.

OPINION

BAKER, Chief Judge.

Today we are asked to determine what it means to manufacture cigarettes under Indiana law. The trial court determined that the Indiana Office of Attorney General (OAG), the appellant-defendant in this case, erroneously refused to list the "Roger" brand of cigarettes in its Directory of Cigarettes Approved for Stamping and Sale (the Directory) because appellee-plaintiff Carolina Tobacco Company, Inc. (CTC) allegedly was not a tobacco...

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