BOARD OF TRUSTEES OF THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION et al., Appellees;
American Legacy Foundation, Appellee and Cross-Appellant,
v.
BOYCE, Treasurer, Appellees;
State of Ohio et al., Appellants and Cross-Appellees;
Miller et al., Appellees;
American Legacy Foundation, Appellee and Cross-Appellant.
Court of Appeals of Ohio, Tenth District, Franklin County.https://leagle.com/images/logo.png
Decided December 31, 2009.
Decided December 31, 2009.
Attorney(s) appearing for the Case
Steven McGann, for appellee Board of Trustees of the Tobacco Use Prevention and Control Foundation.
Zeiger, Tigges & Little, L.L.P., John W. Zeiger, and Stuart G. Parsell, for appellees Robert G. Miller Jr. and David W. Weinmann and cross-appellant American Legacy Foundation.
Damian Sikora and Aaron Epstein, for appellee Treasurer Kevin Boyce.
Richard Cordray, Attorney General, Alexandra T. Schimmer, Richard N. Coglianese, and Craig A. Calcaterra, for appellants and cross-appellees state of Ohio and Ohio Attorney General.
Katherine J. Bockbrader, for appellants and cross-appellees Ohio Department of Health and Director of Health Alvin D. Jackson.
Susan E. Ashbrook, for amici curiae Ohio General Assembly and Governor Ted Strickland.
Bricker & Eckler, L.L.P., Anne Marie Sferra, and Daniel C. Gibson, for amici curiae Ohio Dental Association, Ohio Optometric Association, Ohio State Chiropractic Association, and Ohio Association of Community Health Centers.
MacMurray, Peterson & Shuster and Helen MacMurray, for amici curiae former attorney general Betty D. Montgomery, former Ohio Senate president Richard H. Finan, and former director of health Dr. J. Nick Baird.
Peck, Shaffer & Williams, L.L.P., Thomas A. Luebbers, and Erin A. Sutton, for amici curiae County Commissioners Association of Ohio, Ohio Job and Family Service Directors Association, Public Children Services Association of Ohio, and Ohio Child Support Enforcement Agency Directors Association.
Law Offices of Russell A. Kelm and Russell A. Kelm; and Dewey and LeBoeuf, L.L.P., Harvey Kurzweil, Matthew L. DiRisio, and Joseph A. Murphy, for amicus curiae the Citizens' Commission to Protect the Truth.
Court of Appeals of Ohio, Tenth District, Franklin County.
Per Curiam.
{¶ 1} Appellants, the Ohio attorney general, the state of Ohio, and the Ohio Department of Health ("ODH") and its director, appeal from the August 11, 2009 judgment of the Franklin County Court of Common Pleas granting declaratory and injunctive relief to appellees Robert G. Miller Jr. and David W. Weinmann, on their claim that 2008 H.B. No. 544 is unconstitutional because it violates...
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