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Oral Argument Jump to full article: Supreme Court of the United States, 2007-04-25
Intro: The above-entitled matter came on for oral
argument before the Supreme Court of the United States
at 11:18 a.m.
APPEARANCES:
DAVID C. FREDERICK, ESQ., Washington, D.C.; on behalf of
the Petitioners.
IRVING L. GORNSTEIN, ESQ., Assistant to the Solicitor
General, Department of Justice, Washington, D.C.; on
behalf of the United States, as amicus curiae,
supporting the Petitioners.
THEODORE B. OLSON, ESQ., Washington, D.C.; on behalf of
the Respondents. . . .
MR. FREDERICK: Thank you, Mr. Chief
Justice, and may it please the Court:
The Eighth Circuit held that Philip Morris
is subject to such specific and detailed regulations by
the Federal Trade Commission that it is entitled to
remove this purely State law case from State court to
Federal court under the Federal officer removal statute.
That holding is erroneous and should be reversed for at
least three reasons.
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