United States Eleventh Circuit
Swisher Int'l, Inc. v. Schafer, 0715886
In action alleging that the Fair and Equitable Tobacco Reform Act of 2004 (the Act) violated Takings and Due Process Clauses of the Fifth Amendment and plaintiff-cigar manufacturer's constitutional right to equal protection, summary judgment for defendant-Secretary of Agriculture is affirmed where: 1) the Takings Clause did not apply to plaintiff's mere obligation to pay an assessment; and 2) plaintiff's obligations under the Act did not violate the Due Process Clause or plaintiff's equal protection rights.
Appellate Information
- Decided 12/03/2008
- Published 12/03/2008
Judges
Court
- United States Eleventh Circuit