BROWN & WILLIAMSON TOBACCO CORP. v. PHILIP MORRIS

Nos. 99-1389, 99-1403.

229 F.3d 1120 (2000)

BROWN & WILLIAMSON TOBACCO CORPORATION, Plaintiff-Appellant, v. PHILIP MORRIS INCORPORATED, Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied November 15, 2000.


Attorney(s) appearing for the Case

Stephen R. Smith, Morgan & Finnegan, L.L.P., of New York, New York, argued for plaintiff-appellant. With him on the brief were John A. Diaz, Robert E. Paulson, Harry C. Marcus, and Andrea L. Wayda. Of counsel were Marc G. Schildkraut, and James W. Gould.

Peter T. Grossi, Jr., Arnold & Porter, of Washington, DC, argued for defendant-cross-appellant. With him on the brief were Michael D. Daneker, and Amy K. Phillips. Of counsel on the brief were Donald R. Dunner and Karen F. Stoll, Finnegan, Henderson, Farabow, Garrett & Dunner, of Washington, DC. Also of counsel on the brief was William D. Grubbs, Woodward, Hobson & Fulton, of Louisville, Kentucky.

Before CLEVENGER, BRYSON, and LINN, Circuit Judges.


LINN, Circuit Judge.

Brown & Williamson Tobacco Corp. ("B & W") and Philip Morris Inc. ("PM") seek review of a judgment entered April 1, 1999 by the United States District Court for the Western District of Kentucky. See Brown & Williamson Tobacco Corp. v. Philip Morris Inc., No. 3:89CV-0470-S (W.D.Ky. Apr. 1, 1999) (judgment); Brown & Williamson Tobacco Corp. v. Philip Morris Inc., No. 3:89CV-0470-S (W.D.Ky. Apr. 1, 1999) (findings of...

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