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NEW YORK v. MOUNTAIN TOBACCO CO.

No. 12-cv-6276 (ADS)(ETB).

953 F.Supp.2d 385 (2013)

State of NEW YORK, Plaintiff, v. MOUNTAIN TOBACCO COMPANY, d/b/a King Mountain Tobacco Company Inc. and Delbert Wheeler, Sr., Defendants.

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

July 11, 2013.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General of the State of New York, New York, NY, Dana H. Biberman , Marc A. Konowitz , Sarah Beth Evans , Assistant Attorney Generals, Attorneys for the Plaintiff.

Luebben Johnson & Barnhouse LLP, Los Ranchos De Albuq , NM, By: Randolph Barnhouse, Esq. , Of Counsel Attorneys for the Defendant Mountain Tobacco Company d/b/a King Mountain Tobacco Company, Inc.

Petrillo Klein & Boxer LLP, New York, NY, By: Nelson A. Boxer, Esq.   Jill Caroline Barnhart, Esq. , Of Counsel, Attorneys for the Defendant Mountain Tobacco Company d/b/a King Mountain Tobacco Company, Inc.

The Defendant Delbert Wheeler, Sr. , No Appearance.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

The following facts are drawn from the parties' pleadings for purposes of this order and do not constitute the findings of the Court.

The Defendant Mountain Tobacco Company, d/b/a/ King Mountain Tobacco Company Inc. ("King Mountain") is a corporation formed under the laws of the Yakama Nation of Indians and is engaged in the business of manufacturing, selling, transferring, transporting, and...

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