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STATE, EX REL. WASDEN v. MAYBEE

No. 35200.

224 P.3d 1109 (2010)

STATE of Idaho, by and through Lawrence G. WASDEN, Attorney General, Plaintiff-Respondent, v. Scott B. MAYBEE, d/b/a SmartSmoker.Com, BuycheapCigarettes.Com and OrderSmokesdirect.Com, Defendant-Appellant.

Supreme Court of Idaho, Boise, November 2009 Term.

January 15, 2010.

Attorney(s) appearing for the Case

Stoel Rives, LLP, Boise, for appellant. J. Walter Sinclair argued. Margaret Murphy, Buffalo, New York, argued.

Hon. Lawrence G. Wasden, Idaho Attorney General, Boise, for respondent. Brett T. DeLange argued.

BURDICK, Justice.

Scott B. Maybee challenges the district court's grant of summary judgment in favor of the State of Idaho. Maybee argues that Idaho's Tobacco Master Settlement Agreement Complementary Act (Complementary Act) is inapplicable to his conduct, as the Complementary Act was not intended to regulate unstamped cigarettes sold in interstate commerce. Maybee also contends that the Complementary Act is preempted as...

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