State of NEW YORK, Plaintiff-Appellee-Cross-Appellant,
v.
MOUNTAIN TOBACCO COMPANY, dba King Mountain Tobacco Company Inc., Defendant-Appellant-Cross-Appellee,
Mountain Tobacco Distributing Company Inc., Delbert Wheeler, Sr., Defendants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: January 24, 2019.
Decided: November 7, 2019.
Attorney(s) appearing for the Case
NELSON BOXER , Petrillo Klein & Boxer LLP, New York, NY ( Philip Pilmar , Petrillo Klein & Boxer LLP, New York, NY; Randolph H. Barnhouse , Barnhouse Keegan Solimon & West LLP, Los Ranchos de Albuquerque, NM, on the brief), for Defendant-Appellant-Cross-Appellee Mountain Tobacco Company.
Mountain Tobacco Company ("King Mountain") ships unstamped (and therefore untaxed) cigarettes from the Yakama Indian Reservation in Washington State to certain Indian reservations in the State of New York. The State, which thereby loses tax revenue, brought this action to enjoin King Mountain from making such shipments...
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