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U.S. SMOKELESS TOBACCO MFG. v. CITY OF NEW YORK

No. 09 Civ. 10511(CM).

703 F.Supp.2d 329 (2010)

U.S. SMOKELESS TOBACCO MANUFACTURING COMPANY, LLC and U.S. Smokeless Tobacco Brands, Inc., Plaintiffs, v. CITY OF NEW YORK, Defendant.

United States District Court, S.D. New York.

March 23, 2010.

Attorney(s) appearing for the Case

David Boies, II, Edward John Normand, Boies, Schiller & Flexner LLP, Armonk, NY, for Plaintiff.

Michelle L. Goldberg, Sherrill Kurland, NYC Law Department, Office of the Corporation Counsel, New York, NY, for Defendant.

MEMORANDUM DECISION AND ORDER DENYING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION

McMAHON, District Judge.

INTRODUCTION

Plaintiffs, manufacturers and distributors of smokeless tobacco, commenced this action on December 28, 2009, challenging a recently enacted New York City law restricting the sale of flavored tobacco. Plaintiffs argue that New York's law is preempted by the federal Family Smoking Prevention and Tobacco Control Act (...

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