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S & M BRANDS, INC. v. SUMMERS

No. 3:05-0171.

393 F.Supp.2d 604 (2005)

S & M BRANDS, INC. and International Tobacco Partners, Ltd., Plaintiffs, v. Paul G. SUMMERS, in his official capacity as Attorney General of the State of Tennessee, Defendant.

United States District Court, M.D. Tennessee, Nashville Division.

October 6, 2005.

Attorney(s) appearing for the Case

David F. Dobbins, Walter M. Luers, Patterson, Belknap, Webb & Tyler, New York, NY, Jennifer S. Ghanem, Clark Hickman Tidwell, Lassiter, Tidwell & Hildebrand, Nashville, TN, Jerry W. Laughlin, Rogers, Laughlin, Nunnally & Hood, Greenville, TN, for Plaintiffs.

John H. Sinclair, Jr., Daniel Champney, Tennessee Attorney General's Office, Nashville, TN, for Defendant.

MEMORANDUM OPINION

WISEMAN, Senior District Judge.

I. INTRODUCTION

Plaintiffs S & M Brands, Inc. ("S & M") and International Tobacco Partners, Ltd. ("ITP") (collectively, "Plaintiffs") filed their Complaint on January 19, 2005 in the Eastern District of Tennessee, Greeneville Division, seeking injunctive and declaratory relief. The case was transferred to the Middle District of Tennessee on February 28, 2005. Defendant Paul G...

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