Discount Tobacco City & Lotter, et al v. USA, et al

Filing

OPINION and JUDGMENT filed: Judgment of district court is reversed in part and affirmed in part; decision for publication pursuant to local rule 206. CLAY, J., announced the judgment of the court and delivered the lead opinion, which constitutes the unanimous opinion of the court on Sections I and IV-VI, and on parts of the analysis for Sections II and VII, but constitutes the dissent on Section III and on parts of the analysis for Sections II and VII. STRANCH, J. (pp. 57-84), delivered a separate opinion joined in full by BARRETT, D. J., which constitutes the majority opinion of the court on Section III and on parts of the analysis for Sections II and VII, as specified on pages 57 and 58 of the opinion. Eric L. Clay; Jane Branstetter Stranch, Circuit Judges; Michael R. Barrett, U.S. District Judge for the S. D. of OH. [10-5234, 10-5235]--[Edited 03/20/2012 by LKM]

Case: 10-5234

Document: 006111245932

Filed: 03/19/2012

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Nos. 10-5234; 10-5235

Page: 1

FILED

Mar 19, 2012
LEONARD GREEN, Clerk

DISCOUNT TOBACCO CITY & LOTTERY, INC.; LORILLARD TOBACCO
COMPANY; NATIONAL TOBACCO COMPANY, L.P.; R. J. REYNOLDS TOBACCO
COMPANY; COMMONWEALTH BRANDS, INC.; AMERICAN SNUFF COMPANY,
LLC, fka Conwood Company, LLC,
Plaintiffs - Appellants/Cross-Appellees,
v.
UNITED STATES OF AMERICA; UNITED STATES FOOD & DRUG
ADMINISTRATION; MARGARET HAMBURG, Commissioner of the United States
Food and Drug Administration; KATHLEEN SEBELIUS, Secretary of the United States
Department of Health and Human Services,
Defendants - Appellees/Cross-Appellants.
Before: CLAY and STRANCH, Circuit Judges; BARRETT, District Judge.

JUDGMENT
On Appeal from the United States District Court
for the Western District of Kentucky at Bowling Green.
THIS CAUSE was heard on the record from the district court and was argued by
counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that the judgment of the district
court is REVERSED IN PART and AFFIRMED IN PART.
ENTERED BY ORDER OF THE COURT

Leonard Green, Clerk