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The court then expressly minimized the importance of the motion to dismiss by simply stating that the Defendant may reassert its arguments following discovery. From a broad perspective, the most troubling aspect of this case was the almost cavalier approach that the court took to the motion to dismiss, effectively saying that there was time after discovery to dig into the Defendants arguments

For the full sample analysis, smokers facing the highest surcharges exhibited a 12 percentage point reduction in coverage relative to the no surcharge group, while the under-40 sample showed a 20 percentage point difference

[61] The smoking age in North Carolina was 18 in 1988

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