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PHILIP MORRIS USA, INC. v. VILSACK

No. 12-2498.

736 F.3d 284 (2013)

PHILIP MORRIS USA, INCORPORATED, Plaintiff-Appellant, v. Thomas J. VILSACK, Secretary of Agriculture; United States Department of Agriculture, Defendants-Appellees. Cigar Association of America, Incorporated, Intervenor/Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: November 20, 2013.

Attorney(s) appearing for the Case

ARGUED: Lauren R. Goldman , Mayer Brown, LLP, New York, New York, for Appellant.

Sydney Foster , United States Department of Justice, Washington, D.C.; Daniel Gordon Jarcho , McKenna, Long & Aldridge, LLP, Washington, D.C., for Appellees.

ON BRIEF: Dan Himmelfarb, Richard P. Caldarone , Mayer Brown LLP, Washington, D.C., for Appellant.

Neil H. MacBride , United States Attorney, Office of the United States Attorney, Alexandria, Virginia; Stuart F. Delery , Acting Assistant Attorney General, Mark B. Stern , Civil Division, United States Department of Justice, Washington, D.C., for Appellees.

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge THACKER and Judge GROH joined.

DUNCAN, Circuit Judge:

Philip Morris brings this appeal seeking review of a United States Department of Agriculture decision regarding the implementation of the Fair and Equitable Tobacco Reform Act ("FETRA"). Pub.L. 108-357 § 601, 118 Stat. 1418, 1521 (2004) (codified at 7 U.S.C. §§ 518 et seq.). FETRA instructs USDA to levy certain assessments against manufacturers and importers1 of tobacco products. Philip Morris...

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