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Seneca man loses Maine appeal over tobacco sales

Mon, Feb 16th 2009 12:00 am
PORTLAND, Maine (AP) - The Maine supreme court has denied the appeal of a member of an Indian tribe in Western New York who ran afoul of Maine law by selling cigarettes by mail-order and over the Internet without a retail tobacco vendor license.

The Supreme Judicial Court on Tuesday upheld a lower court's finding against Scott Maybee of the Seneca Nation of Indians, who was fined $33,500 after being targeted by the Maine Department of Health and Human Services.

The justices rejected Maybee's arguments that Maine courts lacked jurisdiction because he runs his tobacco delivery business on an Indian reservation in New York. He contended that Maine's vendor license requirement is pre-empted by federal law.