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MULFORD v. ALTRIA GROUP, INC.

No. CIV.05 659 MV/RHS.

506 F.Supp.2d 733 (2007)

Harrison MULFORD III, Rhonda Newby, Cory Fox, and Richard DeLuna, on behalf of themselves and all others similarly situated, Plaintiffs, v. ALTRIA GROUP, INC., and Philip Morris, USA, Inc, Defendants.

United States District Court, D. New Mexico.

March 16, 2007.

Attorney(s) appearing for the Case

Gerard V. Mantese, Mark Rossman, William S. Ferguson, for Plaintiffs.

Andrew G. Schultz, Gregory P. Stone, Martin D. Bern, for Defendant Philip Morris USA Inc.

MEMORANDUM OPINION AND ORDER

VAZQUEZ, District Judge.

On May 5, 2006, Defendant Philip Morris USA, Inc. ("Philip Morris") filed a Motion for Summary Judgment Based on Federal Preemption under FCLAA's Express Preemption Provision, 15 U.S.C. § 1334(b), (Doc. No. 58) (hereinafter "Express Preemption Motion") and a Motion for Summary Judgment based on N.M. Stat. Ann. § 57-12-7 and Implied...

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