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S & M BRANDS, INC. v. COOPER

Nos. 06-5828, 06-5829.

527 F.3d 500 (2008)

S & M BRANDS, INC.; International Tobacco Partners, Ltd., Plaintiffs-Appellees/Cross-Appellants, v. Robert E. COOPER, Jr., in his official capacity as Attorney General of the State of Tennessee, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 13, 2008.

Attorney(s) appearing for the Case

ARGUED: John H. Sinclair, Jr., Office of the Attorney General, Nashville, Tennessee, for Appellant. David F. Dobbins, Patterson, Belknap, Webb & Tyler, New York, New York, for Appellees. ON BRIEF: John H. Sinclair, Jr., Office of the Attorney General, Nashville, Tennessee, for Appellant. David F. Dobbins, Patterson, Belknap, Webb & Tyler, New York, New York, for Appellees.

McKEAGUE, J., delivered the opinion of the court, in which KENNEDY, J., joined. MOORE, J. (pp. ___ - ___), delivered a separate dissenting opinion.

OPINION

McKEAGUE, Circuit Judge.

S & M Brands, Inc. and International Tobacco Partners, Ltd. ("ITP") sued the Attorney General of the State of Tennessee in his official capacity.1 They claim that the State of Tennessee has violated federal antitrust law and the U.S. Constitution in its implementation and application of the Master Settlement Agreement ("MSA") between various...

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