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COMMONWEALTH BRANDS, INC. v. MORGAN

No. 2011-CA-01274-SCT.

110 So.3d 752 (2013)

COMMONWEALTH BRANDS, INC., The Corr-Williams Company, and Vicksburg Specialty Company v. J. Ed MORGAN, Commissioner of Revenue of the Department of Revenue.

Supreme Court of Mississippi.

April 4, 2013.

Attorney(s) appearing for the Case

Luther T. Munford , Fred L. Banks, Jr. , Robert Gregg Mayer , Robert J. Brookhiser , Elizabeth B. McCallum , Stephen J. Carmody , Louis G. Fuller , attorneys for appellants.

Gary Wood Stringer , Bridgett Thomas , attorneys for appellee.

Before DICKINSON and RANDOLPH, P.JJ., and PIERCE, J.

RANDOLPH, Presiding Justice, for the Court:

¶ 1. Appellants raise a constitutional challenge to a fee legislated on cigarettes distributed through Mississippi for sale outside the state, claiming separate violations of the Commerce and Due-Process Clauses. In 2009, the Mississippi Legislature passed a law imposing a fee1 on the sale, purchase, and distribution in Mississippi of cigarettes manufactured by companies that did not enter...

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