TABLE BLUFF RESERV. (WIYOT TRIBE) v. PHILIP MORRIS

No. 00-15080.

256 F.3d 879 (2001)

TABLE BLUFF RESERVATION (WIYOT TRIBE); The Apache Tribe of Oklahoma; The Comanche Tribe; The Delaware Tribe of Western Ohio; The Eight Northern Indian Pueblos Council of New Mexico; The Independent Hopi Village of Shungopavi; The Kiowa Tribe of Oklahoma; The La Jolla Tribe; Ponca Tribe; The Confederated Tribes of Colville Consisting of the Chelan Tribe, The Entiats Tribe, The Lakes Tribe, The Methow Tribe, The Moses-Columbia Tribe, The Nespelem Tribe, The Nez Perce Tribe, The Okanogan Tribe, The Palouse Tribe, The San Poil Tribe, and The Wenatchee Tribe, Plaintiffs-Appellants, v. PHILIP MORRIS, INC.; R.J. Reynolds Tobacco Holdings, Inc.; R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown & Williamson Tobacco Corp.; B.A.T. Industries P.L.C.; Lorillard Tobacco Co., Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2001.


Attorney(s) appearing for the Case

Joseph E. Russell and William M. Audet, Alexander Hawes & Audet, San Jose, California, for the plaintiffs-appellants.

John W. Phillips, Heller Ehrman White & McAuliffe, Seattle, Washington, for the defendants-appellees.

Before: ROBERT BOOCHEVER, DIARMUID F. O'SCANNLAIN, and A. WALLACE TASHIMA, Circuit Judges.


Argued and Submitted December 14, 2000 — San Francisco, California.

BOOCHEVER, Circuit Judge:

Table Bluff Reservation (Wiyot Tribe) and nineteen other Indian tribes ("Tribes") sued Philip Morris and other tobacco companies ("Tobacco Companies") after the companies signed a settlement agreement with state and territorial governments, settling claims for, among other things, reimbursement of medical costs incurred...

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