McKEAGUE, J., delivered the opinion of the court, in which KENNEDY, J., joined. MOORE, J. (pp. 514-17), delivered a separate dissenting opinion. OPINION McKEAGUE, Circuit Judge. S M Brands, Inc. and International Tobacco Partners, Ltd. (“ITP”) sued the Attorney General of the State of Tennessee in his official capacity. 1 They claim that the State…
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