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  5. 822 F.Supp.2d 326 (2011)
 

U.S. v. NATIVE WHOLESALE SUPPLY CO.

No. 08-CV-850.

822 F.Supp.2d 326 (2011)

UNITED STATES of America, Plaintiff, v. NATIVE WHOLESALE SUPPLY CO., Defendant.

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

October 4, 2011.

Attorney(s) appearing for the Case

United States Department of Justice— Civil Division (Wendy M. Ertmer Doty, Esq., of Counsel), Washington, D.C., for the United States of America and Secretary Vilsack.

Windels Marx Lane & Mittendorf (Robert J. Luddy, Esq., of Counsel), New York, New York, for Native Wholesale Supply Company.

Jaeckle Fleischmann & Mugel, LLP, Buffalo, New York, for Native Wholesale Supply Company.

JOHN T. CURTIN, District Judge.

INTRODUCTION

By order of United States District Judge Richard J. Arcara dated September 21, 2011 (Item 72), this case has been transferred to the undersigned for all further proceedings. Currently before the court are cross-motions of the parties for summary judgment (Items 55, 56).

This case involves the interpretation of the Fair and Equitable Tobacco Reform Act of 2004, codified at Title 7 U.S.C. § 518,

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