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NOTO v. 22ND CENTURY GROUP, INC.

No. 21-0347-cv August Term 2021.

35 F.4th 95 (2022)

Joseph NOTO, Garden State Tire Corp., Stephens Johnson, Individually and on Behalf of All Others Similarly Situated, Plaintiffs-Appellants, v. 22ND CENTURY GROUP, INC., Henry Sicignano, III, John T. Brodfuehrer, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 24, 2022.

Attorney(s) appearing for the Case

Jeremy A. Lieberman , Pomerantz LLP, New York, NY, for Plaintiffs-Appellants.

John A. Tucker ( Jonathan H. Friedman , on the brief), Foley & Lardner LLP, Jacksonville, FL, New York, NY; Charles C. Ritter, Jr. , on the brief, Duke, Holzman, Photiadis & Gresens LLP, Buffalo, NY, for Defendants-Appellees.

Before: Walker, Calabresi, and Lohier, Circuit Judges.

Plaintiffs Joseph Noto, Stephens Johnson, and Garden State Tire Corporation appeal from a judgment of the Western District of New York (Sinatra, J.) dismissing their complaint against 22nd Century Group and its former CEO and CFO, Henry Sicignano, III and John T...

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