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THE FILLING STATION, INC. v. VILSACK

No. 4-00-CV-90271.

174 F.Supp.2d 942 (2001)

THE FILLING STATION, INC., Bill's, World, Inc., Bradley Alan Joslin, Inc., and Beck's Oil Company of Illinois, Plaintiffs, v. Thomas VILSACK, in his official capacity as Governor of the State of Iowa, and Stephen C. Gleason, in his official capacity as Director of the Iowa Department of Public Health, Defendants.

United States District Court, S.D. Iowa, Central Division.

April 16, 2001.

Attorney(s) appearing for the Case

Steven L. Nelson, Des Moines, Iowa, for plaintiffs.

Dennis W. Johnson, Des Moines, Iowa, for Defendants.

MEMORANDUM OPINION AND ORDER

PRATT, District Judge.

This lawsuit is about the constitutionality of Iowa Code § 142A.6(6), which prohibits "[a] manufacturer, distributor, wholesaler, retailer, or distributing agent or agent thereof" from giving away "cigarettes or tobacco products" or providing "free articles, products, commodities, gifts, or concessions in any exchange for the purchase of cigarettes or tobacco products." The Plaintiffs in this case...

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