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SAFEWAY INC. v. CITY AND COUNTY OF SAN FRANCISCO

No. 11-00761 CW.

797 F.Supp.2d 964 (2011)

SAFEWAY INC., Plaintiff, v. CITY AND COUNTY OF SAN FRANCISCO; The Board of Supervisors for the City and County of San Francisco; and Edwin M. Lee, in his official capacity of Mayor of the City and County of San Francisco, Defendants.

United States District Court, N.D. California.

July 15, 2011.

Attorney(s) appearing for the Case

Barbara Lynne Harris Chiang , John Norman Dahlberg , Thomas John Klitgaard , William Francis Murphy , Dillingham & Murphy, LLP, San Francisco, CA, for Plaintiff.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS WITH PREJUDICE

CLAUDIA WILKEN, District Judge.

This lawsuit arises from the enactment of San Francisco Ordinance No. 194-08 (the original ordinance), as amended by San Francisco Ordinance No. 245-10 (the amended ordinance), San Francisco Health Code § 1009.01, which prohibits the sale of tobacco by any store within the City and County of San Francisco that contains a pharmacy. Defendants City and County of...

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