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U.S. SMOKELESS TOBACCO MFG. v. CITY OF NEW YORK

Docket No. 11-5167-cv.

708 F.3d 428 (2013)

U.S. SMOKELESS TOBACCO MANUFACTURING COMPANY LLC, U.S. Smokeless Tobacco Brands Inc., Plaintiffs-Appellants, v. CITY OF NEW YORK, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 26, 2013.

Attorney(s) appearing for the Case

Kenneth J. Parsigian ( Abigail K. Hemani , on the brief), Goodwin Procter LLP, Boston, MA, for Plaintiffs-Appellants.

Michael Jordan Pastor , Assistant Corporate Counsel ( Michelle Goldberg-Cahn , Sherrill Kurland , Larry A. Sonnenshein , Sharyn Michele Rootenberg , on the brief), for Michael A. Cardozo, Corporation Counsel, New York, NY, for Defendant-Appellee.

Before: RAGGI, NEWMAN, LYNCH, Circuit Judges.

GERARD E. LYNCH, Circuit Judge:

Plaintiffs U.S. Smokeless Tobacco Manufacturing Company LLC and U.S. Smokeless Tobacco Brands Inc. (collectively, "plaintiffs") manufacture and distribute smokeless tobacco products, including flavored smokeless tobacco. On December 28, 2009, they filed suit in the United States District Court for the Southern District of New York (Colleen McMahon, Judge), challenging the validity of a New York City ordinance governing the sale...

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