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Split ruling from N.Y. judge on cigarette regs

By AP
Posted Jul 31, 2010 @ 01:20 PM
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Seneca Indians in the mail-order cigarette business will have to comply with some, but not all, provisions of a new federal law while they fight to have it struck down in court.

A federal judge in Buffalo issued a mixed decision in response to a request by more than 140 Seneca-owned businesses to be exempt from the Prevent All Cigarette Trafficking Act while they challenge the law’s constitutionality.

Judge Richard Arcara’s decision temporarily exempts the businesses from the part of the law that requires sellers to comply with all state and local taxing laws in the places they sell cigarettes. But Arcara says a provision prohibiting businesses from shipping cigarettes through the mail can be enforced.
 

Seneca Indians in the mail-order cigarette business will have to comply with some, but not all, provisions of a new federal law while they fight to have it struck down in court.

A federal judge in Buffalo issued a mixed decision in response to a request by more than 140 Seneca-owned businesses to be exempt from the Prevent All Cigarette Trafficking Act while they challenge the law’s constitutionality.

Judge Richard Arcara’s decision temporarily exempts the businesses from the part of the law that requires sellers to comply with all state and local taxing laws in the places they sell cigarettes. But Arcara says a provision prohibiting businesses from shipping cigarettes through the mail can be enforced.
 

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