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U.S. v. PHILIP MORRIS USA INC.

Nos. 13-5028, 14-5161.

786 F.3d 1014 (2015)

UNITED STATES of America, United States Department of Justice, et al., Appellees v. PHILIP MORRIS USA INC., formerly known as Philip Morris Incorporated, et al., Appellants American Tobacco Company, Directly and as successor to the Tobacco interest of American Brands, Inc., et al., Appellees Altria Group, Inc., Formerly Philip Morris Companies Inc., Appellant Smithkline Beecham Corp., Doing Business as GlaxoSmithKline, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 22, 2015.

Attorney(s) appearing for the Case

Miguel A. Estrada argued the cause for appellants. With him on the briefs were Amir C. Tayrani , Noel Francisco , Robert F. McDermott , Peter J. Biersteker , Thomas J. Frederick , Michael B. Minton , and Bruce D. Ryder .

Richard A. Samp and Cory L. Andrews were on the brief for Washington Legal Foundation in support of appellants.

Melissa N. Patterson Attorney, U.S. Department of Justice, argued the cause for appellees United States of America, et al. With her on the briefs were Ronald C. Machen, Jr. , U.S. Attorney, and Mark B. Stern and Alisa B. Klein , Attorneys.

Howard M. Crystal argued the cause for appellees Tobacco-Free Kids Action Fund, et al. With him on the brief was Katherine A. Meyer .

Thomas Bennigson , appointed by the court, was on the brief for amicus curiae Tobacco Control Legal Consortium in support of appellee.

Opinion for the Court filed by Circuit Judge TATEL.

In this appeal, the fifth in this long-running RICO case against the nation's cigarette manufacturers, defendants challenge a district court order requiring that they add two statements to their cigarette packages and advertisements: an announcement that a federal court has ruled that they "deliberately deceived the American...

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