United States Sixth Circuit

In a suit brought by a Brazilian cigarette manufacturer, and an importer and a wholesaler of the cigarettes claiming that two Kentucky statutes have effectively prohibited the manufacturer from doing business in the state, dismissal of the suit is affirmed where: 1) Kentucky's complementary legislation was not subject to Sherman Act preemption; and 2) plaintiff's failure to show preemption precluded consideration of its hybrid-restraint claim.

Appellate Information

• Decided 10/30/2006
• Published 10/30/2006

Judges

• Before:  CLAY and GILMAN, Circuit Judges;  STAFFORD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David F. Dobbins, Patterson, Belknap, Webb & Tyler LLP, New York, New York, for Appellants.  Gary D. Wilson, Washington, D.C., for Appellee.   ON BRIEF:  David F. Dobbins, Patterson, Belknap, Webb & Tyler LLP, New York, New York, Melinda G. Wilson, M.G. Wilson, PLLC, Lexington, Kentucky, for Appellants.  James M. Herrick, Michael Plumley, Office of the Attorney General, Frankfort, Kentucky, for Appellee.