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TRITENT INTERN. CORP. v. KENTUCKY

No. 05-6791.

467 F.3d 547 (2006)

TRITENT INTERNATIONAL CORP. et al., Plaintifs-Appellants, v. Commonwealth of KENTUCKY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 30, 2006.

Attorney(s) appearing for the Case

ARGUED: David F. Dobbins, Patterson, Belknap, Webb & Tyler LLP, New York, New York, for Appellants. Gary D. Wilson, Washington, D.C., for Appellee. ON BRIEF: David F. Dobbins, Patterson, Belknap, Webb & Tyler LLP, New York, New York, Melinda G. Wilson, M.G. Wilson, PLLC, Lexington, Kentucky, for Appellants. James M. Herrick, Michael Plumley, Office of the Attorney General, Frankfort, Kentucky, for Appellee.

Before: CLAY and GILMAN, Circuit Judges; STAFFORD, District Judge.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Plaintiffs Cibahia Tabacos Especias Ltda. (a Brazilian cigarette manufacturer), Tritent International Corp. (an importer of Cibahia's cigarettes), and DWI, LLC (a Kentucky wholesaler of those cigarettes) (collectively, Tritent), filed suit against the Commonwealth of Kentucky, arguing that two Kentucky statutes have effectively prohibited Tritent from doing business in the...

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