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RYO MACHINE, LLC v. U.S. DEPT. OF TREASURY

No. 11-3163.

696 F.3d 467 (2012)

RYO MACHINE, LLC; Tobacco Outlet Express, LLC; Tightwad Tobacco, LLC, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF TREASURY, Alcohol and Tobacco Tax and Trade Bureau; John J. Manfreda, Administrator, Alcohol and Tobacco Tax and Trade Bureau, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 20, 2012.

Attorney(s) appearing for the Case

ARGUED: Teresa E. McLaughlin , United States Department of Justice, Washington, D.C., for Appellants. William H. Hurd , Troutman Sanders LLP, Richmond, Virginia, for Appellees. ON BRIEF: Teresa E. McLaughlin , Patrick J. Urda , Gilbert S. Rothenberg , United States Department of Justice, Washington, D.C., for Appellants. William H. Hurd , Brian M. Haynes , Anthony F. Troy , Troutman Sanders LLP, Richmond, Virginia, Robert B. Casarona , John J. Schriner , Roetzel & Andress, Cleveland, Ohio, Mark E. Nagle , Troutman Sanders, LLP, Washington, D.C., for Appellees.

Before: BATCHELDER, Chief Judge; McKEAGUE, Circuit Judge; QUIST, Senior District Judge.

OPINION

McKEAGUE, Circuit Judge.

The Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau and its Administrator (collectively, "the Bureau") appeal the district court's grant of a preliminary injunction to RYO Machine, LLC ("RYO") and Tobacco Outlet Express, LLC ("Tobacco Outlet") (collectively, "the Companies"). The injunction prevented enforcement of the Bureau's ruling 2010-4 ("the Ruling"). The Ruling deemed retailers that offer roll-your...

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