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Feds to appeal dismissal of Kansas tobacco charges

Wichita, Kansas (AP) January 2011

Federal prosecutors will try to revive the indictment of a Kansas tobacco wholesaler and several associates accused of trying to avoid paying $25 million in cigarette taxes to Indian tribes and the state of Oklahoma.

U.S. District Judge Monti Belot threw out the indictment last month, ruling it was unconstitutionally vague. The judge said the case was based on the government’s opinion and not on any federal, Kansas or Oklahoma statute.

Prosecutors filed notice last week that they plan to appeal the judge’s ruling.

At issue is the case against Gary Hall, president and owner of Galena-based Sunflower Supply Co., along with seven other people. Others named in the 43-count indictment had been Discount Tobacco Warehouse Inc. of Joplin, Mo., and Rebel Industries Inc. of Galena.




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