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STATE EX REL. MILLER v. SMOKERS WAREHOUSE

No. 04-1692.

737 N.W.2d 107 (2007)

STATE of Iowa ex rel. Thomas J. MILLER, Attorney General of Iowa, Appellee, v. SMOKERS WAREHOUSE CORP. and Bruce Vogel, Appellants.

Supreme Court of Iowa.

August 3, 2007.

Attorney(s) appearing for the Case

Daniel B. Shuck and Jeana L. Goosmann of Heidman, Redmond, Fredregill, Patterson, Plaza, Dykstra & Prahl, L.L.P., Sioux City, and Leonard Violi, Mamaroneck, New York, for appellants.

Thomas J. Miller, Attorney General, and Steve St. Clair, Assistant Attorney General, for appellee.

TERNUS, Chief Justice.

The appellants, Smokers Warehouse Corp. and its owner/president, Bruce Vogel, appeal from a district court order granting the State's application to enforce civil investigative demands issued by the appellee, Iowa Attorney General Thomas J. Miller, under the authority of the Iowa Consumer Fraud Act, Iowa Code section 714.16 (2003). Smokers Warehouse and Vogel challenge the Attorney General's authority to issue a civil investigative demand under...

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