FALISE v. AMERICAN TOBACCO CO.

No. CV 97-7640.

241 B.R. 63 (1999)

Robert A. FALISE, Louis Klein, Jr., Frank Macchiarola, Christian E. Markey, Jr., as Trustees, Plaintiffs, v. THE AMERICAN TOBACCO COMPANY; R.J. Reynolds Tobacco Company; B.A.T. Industries, PLC; Brown & Williamson Tobacco Corporation; Philip Morris, Incorporated; Liggett Group, Inc.; Lorillard Tobacco Company, Defendants.

United States District Court, E.D. New York.

November 10, 1999.


Attorney(s) appearing for the Case

Orrick, Herrington & Sutcliffe, LLP, New York City, by James L. Stengel, for plaintiffs.

Greenberg Traurig, New York City, by Stephen Saxl, for defendants Lorillard Tobacco Co., Philip Morris Incorporated, and R.J. Reynolds Tobacco Company.

Winston & Strawn, Chicago, IL, by Jeffrey M. Wagner, for defendant Philip Morris Incorporated.

Womble Carlyle Sandridge & Rice, PLC, Winston-Salem, NC, by Thomas D. Schroeder, for defendant R.J. Reynolds Tobacco Company.

Kirkland & Ellis, Chicago, IL, by Deirdre A. Fox, for defendant Brown & Williamson Tobacco Corporation.

Shook, Hardy & Bacon, Kansas City, MO, by Terrence J. Sexton, for defendants Lorillard Tobacco Co. and Philip Morris Incorporated.


MEMORANDUM AND ORDER

WEINSTEIN, Senior District Judge.

Plaintiffs move to vacate a judgment dismissing this action for lack of subject matter jurisdiction — i.e., competency of the court. See Falise v. American Tobacco Co., 241 B.R. 48 (E.D.N.Y.1999). In the alternative, they seek leave to reinstate and amend their original complaint to assert a civil RICO claim against defendants, see 18 U.S.C...

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