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RED EARTH LLC v. U.S.

Nos. 10-CV-530A, 10-CV-550A.

728 F.Supp.2d 238 (2010)

RED EARTH LLC d/b/a Seneca Smokeshop and Aaron J. Pierce, Plaintiffs, v. UNITED STATES of America and Eric H. Holder, Jr., in his Official Capacity as Attorney General of the United States, Defendants. Seneca Free Trade Association, Plaintiff, v. United States of America and Eric H. Holder, Jr., in his Official Capacity as Attorney General of the United States, et al., Defendants.

United States District Court, W.D. New York.

July 30, 2010.

Attorney(s) appearing for the Case

Lisa A. Coppola , Michael T. Feeley , Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Daniel Barrie Moar , Goldberg Segalla LLP, Buffalo, NY, Fred F. Fielding , Howard M. Radzely , R. Edward Cruz , Russell R. Bruch , Morgan, Lewis & Bockius LLP, Washington, DC, for Plaintiffs.

Gerald C. Kell , U.S. Department of Justice, Washington, DC, Matthew Myerson , Bureau of Alcohol Tobacco Firearms & Explosives, Brooklyn, NY, Richard D. Kaufman , Mary Pat Fleming , U.S. Attorney's Office, Richard T. Sullivan , Harris Beach LLP, Buffalo, NY, Riyaz A. Kanji , Kanji & Katzen, PLLC, Ann Arbor, MI, for Defendants.

PRELIMINARY INJUNCTION ORDER

RICHARD J. ARCARA, District Judge.

INTRODUCTION

Currently before the Court are motions for a preliminary injunction made by plaintiffs, Native Americans who are in the business of selling cigarettes and tobacco products via the Internet, mail and telephone. Plaintiffs seek to enjoin enforcement of the Prevent All Cigarette Trafficking Act of 2009 ("PACT Act" or "Act"), Pub.L. No. 111-154, 124 Stat. 1087 (2010...

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