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NAT'L ASS'N OF TOBACCO OUTLETS v. CITY OF PROVID.

No. 13-1053.

731 F.3d 71 (2013)

NATIONAL ASSOCIATION OF TOBACCO OUTLETS, INC.; Cigar Association of America, Inc.; Lorillard Tobacco Company; R.J. Reynolds Tobacco Company; American Snuff Company; Philip Morris USA Inc.; U.S. Smokeless Tobacco Manufacturing Company LLC; U.S. Smokeless Tobacco Brands Inc.; and John Middleton Company, Plaintiffs-Appellants, v. CITY OF PROVIDENCE, RHODE ISLAND; Providence Board of Licenses; Providence Police Department; Michael A. Solomon, Providence City Council President, in his official capacity; Steven M. Paré, Commissioner of Public Safety for the City of Providence, in his official capacity; and Angel Taveras, Mayor of Providence, in his official capacity, Defendants-Appellees.

United States Court of Appeals, First Circuit.

September 30, 2013.

Attorney(s) appearing for the Case

Michael J. Edney , with whom Miguel A. Estrada , Gibson Dunn & Crutcher LLP, Noel J. Francisco , Jones Day , Joel Kurtzberg , Floyd Abrams , Cahill Gordon & Reindel LLP, Kenneth J. Parsigian , Latham & Watkins LLP, James R. Oswald , Kyle Zambarano , Adler, Pollock & Sheehan P.C., Gerald J. Petros , Adam M. Ramos , and Hinckley, Allen & Snyder LLP, were on brief, for the appellants.

Anthony F. Cottone , with whom Jeffrey M. Padwa and Matthew T. Jerzyk were on brief, for appellees.

Donald A. Migliori , with whom Vincent I. Parrett and Motley Rice LLC were on brief, for amici curiae American Academy of Pediatrics-RI Chapters, et al.

Raymond A. Marcaccio , with whom Oliverio & Marcaccio, LLP, Seth Mermin , Thomas C. Bennigson , and Public Good Law Center, were on brief, for amicus curiae Tobacco Control Legal Consortium.

Jacqueline G. Kelly , Administrator of Legal Services, Rhode Island Executive Office of Health and Human Services, with whom Thomas J. Corrigan, Jr. , Senior Legal Counsel, Rhode Island Executive Office of Health and Human Services, was on brief, for amicus curiae Rhode Island Department of Health.

Before TORRUELLA, DYK and THOMPSON, Circuit Judges.

DYK, Circuit Judge.

This case involves two ordinances enacted by the City of Providence, Rhode Island, (the "City") to reduce the incidence of tobacco use by young people. The ordinances (1) restrict the City's tobacco and cigarette retailers from reducing prices on tobacco products by means of coupons and certain multi-pack discounts (the "Price Ordinance"); and (2) restrict sales of certain flavored tobacco products other than cigarettes (the "Flavor Ordinance"...

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