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FREEDOM HOLDINGS, INC. v. CUOMO

No. 02 Civ. 2939 (AKH).

592 F.Supp.2d 684 (2009)

FREEDOM HOLDINGS, INC. d/b/a North American Trading Company, and International Tobacco Partners, Ltd., Plaintiffs, v. Andrew M. CUOMO, in his official capacity as Attorney General of the State of New York, and Robert L. Megna, in his official capacity as Commissioner of Taxation and Finance of the State of New York, Defendants.

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

January 12, 2009.

Attorney(s) appearing for the Case

David F. Dobbins, Sr., Patterson, Belknap, Webb & Tyler LLP, New York, NY, Walter Michael Luers, Law Offices of Walter M. Luers, LLC, Atlantic Highlands, NJ, for Plaintiffs.

Avi Schick, New York State Department of Law (EPB), Albany, NY, Christine E. Morrison, Eliot Spitzer, Attorney General of the State of NY, Dana Hope Biberman, NYC Law Department, Office of the Corporation Counsel, Lewis Aaron Polishook, New York, NY, Julie Simone Brill, VT Attorney General's Office, Montpelier, VT, Gary D. Wilson, Washington, DC, for Defendants.

OPINION AND ORDER GRANTING JUDGMENT DISMISSING COMPLAINT

ALVIN K. HELLERSTEIN, District Judge:

In 1998, after many years of frustrating federal, state, and private litigation, the attorneys general of forty-six States entered into a Master Settlement Agreement with the major cigarette companies. The New York Supreme Court, reviewing the settlement, found that it went "well beyond what could have been...

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