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OREGON LABORERS-EMPLOYERS HEALTH & WELFARE TRUST v. PHILIP MORRIS INC.

No. 98-36024.

185 F.3d 957 (1999)

OREGON LABORERS-EMPLOYERS HEALTH & WELFARE TRUST FUND; School District # 1, Health & Welfare Trust Fund; Plumbers, Steamfitters, & Shipfitters Retiree Health & Welfare Plan, United Association Union Local 290; Local 11 Office & Professional Employees International Union, Health & Welfare Plan; Local 125 International Brotherhood of Electrical Workers, Local 125, EBA-PGE-IBEW Local 125 Health & Welfare Trust, Plaintiffs-Appellants, v. PHILIP MORRIS INCORPORATED; RJ Reynolds Tobacco Company; Brown & Williamson Tobacco Corporation; British American Tobacco Company Ltd.; Bat Industries PLC; Lorillard Tobacco Company; Liggett Group Incorporated; American Tobacco Company; United States Tobacco Company; Council for Tobacco Research USA Incorporated; Tobacco Institute Incorporated; Smokeless Tobacco Council Incorporated; Hill & Knowlton Incorporated, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 14, 1999.

Attorney(s) appearing for the Case

Steve D. Larson and Scott A. Shorr, Stoll Stoll Berne Lokting & Shlachter, Portland, Oregon, and Michael Spencer, Millberg, Weiss, Bershad, Hynes & Lerach, New York, New York, for the plaintiffs-appellants.

C. Cleveland Stockmeyer, George Kargianis, Kargianis Watkins Werner, L.L.P., P.S., Seattle, WA, for plaintiffs-appellants.

Herbert M. Wachtell, Wachtell, Lipton, Rosen & Katz, New York, New York, for the defendants-appellees.

Michael D. Reynolds, Assistant Attorney General, Salem, Oregon, for amicus curiae State of Oregon.

Carl R. Schenker, Jr., O'Melveny & Myers, Washington, D.C., for amicus curiae Product Liability Advisory Council.

Jan S. Amundson, National Association of Manufacturers, Washington, D.C., for amicus curiae National Association of Manufacturers.

Before: CANBY, T.G. NELSON, Circuit Judges, and FOGEL, District Judge.

T.G. NELSON, Circuit Judge:

The plaintiffs in this action are six Oregon-based employee health and welfare benefit trust plans created to provide comprehensive health care benefits to their participants, who are thousands of union and public-sector workers employed under various collective bargaining agreements. Plaintiffs filed suit against defendants-eight tobacco companies, three non-profit public relations/lobbying/research councils and one public relations firm...

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