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Appellate court gives thumbs down to New York City soda ban

Mayor Michael Bloomberg's audacious plan to get New York's inhabitants into better shape by cutting back on soda suffered another setback today, as the New York State Supreme Court's Appellate Division upheld a lower court ruling -- and a subsequent opinion by a state supreme court judge -- that the mayor's proposed "portion cap rule" on non-diet sodas in containers larger than 16 ounces is illegal and overreaches his executive power.

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