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PHILIP MORRIS USA INC. v. VILSACK

Civil Action No. 3:11CV87-HEH.

896 F.Supp.2d 512 (2012)

PHILIP MORRIS USA INC., Plaintiff, v. Thomas VILSACK, Secretary of Agriculture, and United States Department of Agriculture, Defendants, Cigar Association of America, Inc., Defendant-Intervenor.

United States District Court, E.D. Virginia, Richmond Division.

October 9, 2012.

Attorney(s) appearing for the Case

Thomas Richard Waskom , Hunton & Williams LLP, Richmond, VA, Lauren Rosenblum Goldman , Mayer Brown LLP, New York, NY, Wilson Parker Moore , Beveridge & Diamond PC, Washington, DC, for Plaintiff.

Jonathan Holland Hambrick , Office of the U.S. Attorney, Richmond, VA, Elisabeth Layton , U.S. Department of Justice, John Norman Hanson , Beveridge & Diamond PC, Washington, DC, for Defendants.

Daniel G. Jarcho , Timothy Kamp Halloran , McKenna Long & Aldridge LLP, Washington, DC, for Defendant-Intervenor.

MEMORANDUM OPINION

(Cross Motions for Summary Judgment)

HENRY E. HUDSON, District Judge.

Distilled to its essence, this lawsuit challenges the methodology used by the United States Department of Agriculture ("USDA") in determining assessments levied against the manufacturers and importers of tobacco products under the Fair and Equitable Tobacco Reform Act of 2004 ("FETRA"), 7 U.S.C. §...

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