of enforcement through “subterfuge.” The ethereal and speculative nature of the plaintiffs’ assertions compelled this Court to deny Plaintiffs' Motion to Compel Discovery on November 15, 2000. However, in this Order, the Court once again allowed the plaintiffs "the opportunity to attach any and all evidence in its possession of FDA enforcement of the tobacco vending machine regulations” to its Brief in Opposition to the Defendant’s Partial Motion to Dismiss. See Order of November 15, 2000. 18 . Some modern courts have questioned whether Lynch is still good law, to the extent that it stands for the proposition that all contracts generally are property that the Government may not take without just compensation. See Pro-Eco, Inc. v. Board of Com’rs, 57 F.3d 505, 510 n. 2 (7th Cir.1995) (<HOLDING>). 19 . The holding in United States Trust Co.
holding that the bankruptcy reform act effectively overruled wrenn holding that casey effectively overruled salerno holding that almendareztorres was not overruled by apprendi holding that where the relevant court of last resort has undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable then a threejudge panel of this court and district courts should consider themselves bound by the intervening higher authority and reject the prior opinion of this court as having been effectively overruled holding that lynch has been effectively overruled by subsequent cases