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Senecas get split in cigarette court cases

by TSchmitt
Wed, Sep 21st 2011 08:44 am

The Seneca Nation split its day in court on Tuesday -- as an appeals court overturned a piece of a new law that would require companies purchasing out of state tobacco products to pay sales taxes.

Judge Richard Arcara stopped enforcement of last year's Prevent All Cigarettes Trafficking Act. He said the Senecas are likely to win based on their claim that requiring out-of-state retailers to pay state excise taxes, regardless of their contact with a state, violates their constitutional rights.

However, the court upheld part of the law that prohibits the Postal Service from delivering commercial cigarette shipments.


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