CITY OF NEW YORK v. MILHELM ATTEA & BROS., INC.

No. 06-CV-3620(CBA).

550 F.Supp.2d 332 (2008)

The CITY OF NEW YORK, Plaintiff, v. MILHELM ATTEA & BROS., INC., Day Wholesale, Inc., Gutlove & Shirvint, Inc., Mauro Pennisi, Inc., Jacob Kern & Sons, Inc., Windward Tobacco, Inc., and Capital Candy Company, Inc., Defendants.

United States District Court, E.D. New York.

April 30, 2008.


Attorney(s) appearing for the Case

Eric Proshansky, Corporation Counsel of the City of NY, Brad Michael Snyder, New York City Law Department, New York, NY, for Plaintiff.

Gerald T. Walsh, Zdarsky, Sawicki & Agostinelli, Margaret A. Murphy, Law Offices of Margaret A. Murphy, Buffalo, NY, Michael S. Feldberg, Nathan Daniel Reilly, Allen & Overy LLP, Daniel Steinberg, Hodgson Russ LLP, James Simermeyer, New York, NY, Paul Francis Keneally, Underberg & Kessler LLP, Rochester, NY, for Defendants.


MEMORANDUM & ORDER

AMON, District Judge.

INTRODUCTION

The City of New York has brought an Amended Complaint against the abovecaptioned defendants, a group of cigarette wholesalers who are state-licensed cigarette stamping agents. The principal contention of the City is that the wholesalers violate the Contraband Cigarette Trafficking Act ("CCTA"), 18 U.S.C. § 2341 et seq., by shipping in excess of 10,000 unstamped cigarettes...

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