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NEESE v. JOHANNS

Civil Action No. 1:05cv00071.

450 F.Supp.2d 632 (2006)

William J. NEESE, and Daniel M., Johnson, on behalf of themselves and all persons similarly situated, Plaintiffs, v. Mike JOHANNS, Secretary of Agriculture, United States Department of Agriculture, Commodity Credit Corporation, and Philip Morris USA Inc., Defendants.

United States District Court, W.D. Virginia, Abingdon Division.

September 28, 2006.

Attorney(s) appearing for the Case

Cameron Scott Bell, Daniel Hill Caldwell, Penn Stuart & Eskridge, Abingdon, VA, Daniel Scott Haltiwanger, Richardson Patrick Westbrook & Brickman LLC, Barnwell, SC, T. Christopher Tuck, Richardson, Patrick, Westbrook & Brickman, LLC, Mt. Pleasant, SC, for Plaintiffs.

Marcia Nancy Tiersky, United States Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION

WILSON, District Judge.

The Fair and Equitable Tobacco Reform Act of 2004 (Title VI of the American Jobs Creation Act, Pub.L. No. 108-357) ("the Act")1 repealed the tobacco marketing quota and related price support programs authorized by Title III of the Agricultural Adjustment Act of 1938 and the Agricultural Act of 1949, transforming the tobacco production system to a free market system at the end...

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