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CONWOOD CO., L.P. v. U.S. TOBACCO CO.

No. 00-6267.

290 F.3d 768 (2002)

CONWOOD COMPANY, L.P.; Conwood Sales Company, L.P., Plaintiffs-Appellees, v. UNITED STATES TOBACCO COMPANY; United States Tobacco Sales and Marketing Company, Inc.; United States Tobacco Manufacturing Company, Inc.; UST, Inc., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 15, 2002.

Rehearing and Suggestion for Rehearing Denied: July 19, 2002.

Attorney(s) appearing for the Case

L. Clifford Craig (briefed), Taft, Stettinius & Hollister, Cincinnati, OH, Richard C. Roberts (briefed), Whitlow, Roberts, Houston & Straub, Paducah, KY, Neil M. Gorsuch (briefed), Mark C. Hansen (argued and briefed), Kellogg, Huber, Hansen, Todd & Evans, Washington, DC, for Plaintiffs-Appellees.

Neal R. Stoll (briefed), James A. Keyte (briefed), Skadden, Arps, Slate, Meagher & Flom, New York, NY, John S. Reed (briefed), Ridley M. Sandidge, Jr. (briefed), Lynn K. Fieldhouse (briefed), Reed, Weitkamp, Schell & Vice, Louisville, KY, Ernest Gellhorn (argued and briefed), Law Office of Ernest Gellhorn, Washington, DC, for Defendants-Appellants.

John D. Harkrider, Axinn, Veltrop & Harkrider, New York, NY, for Amicus Curiae.

Before: CLAY and GILMAN, Circuit Judges; EDGAR, Chief District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied: July 19, 2002.

OPINION

CLAY, Circuit Judge.

Defendants-Appellants, United States Tobacco Company, United States Tobacco Sales and Marketing Company, Inc., United States Tobacco Manufacturing Company, Inc., and UST, Inc. (herein collectively referred to as "USTC") appeal from the March 29, 2000 order, after trial by jury, entering judgment in favor of Plaintiffs, Conwood Company, L.P. and Conwood...

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