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Before taxes are applied, Australias cigarette prices rank among the highest in the world, suggesting that the big three cigarette manufacturers have opportunistically used tax increases as cover for their own price gouging

The district court also held that King Mountains cigarette shipments did not constitute interstate commerce within a plain reading of the PACT Acts distinct definitions of State, Indian country, and interstate commerce. On appeal to the Second Circuit, King Mountain argued, among other things, that New York States regulation of commerce between Indian nations violated federal Indian protections