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STATE EX REL. COOPER v. SENECA-CAYUGA TOBACCO CO.

No. COA08-812.

676 S.E.2d 579 (2009)

STATE of North Carolina, ex rel. Roy COOPER, Attorney General of North Carolina, Plaintiff, v. SENECA-CAYUGA TOBACCO COMPANY an unincorporated arm of The Seneca-Cayuga Tribe of Oklahoma, and Seneca-Cayuga Tribal Tobacco Corporation, a successor in interest to the Seneca-Cayuga Tobacco Company, Defendants.

Court of Appeals of North Carolina.

May 19, 2009.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Special Deputy Attorneys General Richard L. Harrison and Melissa L. Trippe, for the plaintiff-appellant.

Troutman Sanders LLP, by Gary S. Parsons and Gavin B. Parsons, Raleigh; pro hac vice William H. Hurd and Ashley L. Taylor, Jr., Richmond, VA, for the defendants-appellees.

ERVIN, Judge.

The State of North Carolina (the State) appeals from an order entered 5 May 2008 in Wake County Superior Court granting a motion to dismiss filed by Seneca-Cayuga Tobacco Company and Seneca-Cayuga Tribal Tobacco Corporation, the successor in interest to Seneca-Cayuga Tobacco Company (together, Defendants). We affirm the trial court's order.

In November 1998, North Carolina and forty-five other states signed a Master Settlement Agreement (MSA...

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