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S&M BRANDS, INC. v. CALDWELL

No. 09-30985.

614 F.3d 172 (2010)

S&M BRANDS, INC.; Tobacco Discount House # 1, Inc.; Mark Heacock, Plaintiffs-Appellants, v. James D. "Buddy" CALDWELL, in his official capacity as Attorney General State of Louisiana, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 10, 2010.

Attorney(s) appearing for the Case

Hans Frank Bader, Sam Kazman, Competitive Enterprise Institute, Erik Scott Jaffe (argued), Washington, DC, Billy James Guin, Jr., Rountree & Guin, Shreveport, LA, for Plaintiffs-Appellants.

Richard A. Curry, Michael Brent Hicks, McGlinchey Stafford, P.L.L.C., W. Wayne Gaudin, Jr., LA Dept. of Justice, Lit. Div., Stacie L. deBlieux, Baton Rouge, LA, Gary Dean Wilson (argued), Washington, DC, for Caldwell.

Before DAVIS, SMITH and HAYNES, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Plaintiffs appeal the district court's grant of summary judgment in favor of the Attorney General of Louisiana. This case arises out of the Master Settlement Agreement ("MSA") reached in the 1990s between the four largest tobacco manufacturers and the several states. The plaintiffs—who are not signatories to the MSA—sued the Louisiana Attorney General, alleging that the MSA and the Louisiana

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