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COM. EX REL FISHER v. PHILLIP MORRIS, INC.

736 A.2d 693 (1999)

COMMONWEALTH of Pennsylvania by D. Michael FISHER, in his official capacity as Attorney General of the Commonwealth of Pennsylvania v. PHILLIP MORRIS, INC.; R.J. Reynolds Tobacco Company; Brown & Williamson Tobacco Corporation; B.A.T. Industries, PLC.; the American Tobacco Company, Inc., c/o Brown & Williamson Tobacco Corporation; Lorillard Tobacco Company; Liggett Group, Inc.; United States Tobacco Company; the Tobacco Institute, Inc.; the Council for Tobacco Research - U.S.A., Inc.; Smokeless Tobacco Council, Inc.; and Hill & Knowlton, Inc. The County of Allegheny, Appellant.

Commonwealth Court of Pennsylvania.

Decided August 9, 1999.

Attorney(s) appearing for the Case

Joel M. Ressler, Harrisburg, Thomas L. VanKirk, Pittsburgh, Reeder R. Fox, Philadelphia, for appellee.

William Pietragallo, II, Kerry A. Fraas, Henry M. Sneath, J. Kerrington Lewis, Pittsburgh, for appellant.

Before COLINS, President Judge, DOYLE, J., McGINLEY, J., SMITH, J., FRIEDMAN, J., KELLEY, J. and LEADBETTER, J.

ORDER

LEADBETTER, Judge.

AND NOW, this 9th day of August, 1999, upon consideration of the praecipe of appellant Allegheny County to discontinue appeals, which is treated as a motion to discontinue, the motion is GRANTED and the above appeals of Allegheny County shall be marked discontinued and ended, with prejudice.

Dissenting opinion by Judge KELLEY.

KELLEY, Judge, dissenting.

I respectfully dissent.

On April 21...

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