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GOMER EX REL. GOMER v. PHILIP MORRIS INC.

No. Civ.A. 00-A-526-N.

106 F.Supp.2d 1262 (2000)

Randall GOMER, By and Through his next friend, Vera GOMER, Ruth S. Harris, by and through her next friend, Lois Bailey, Delma L. Payton, by and through her next friend, Savannah C. Creel, Joshua Wade, by and through his next friend, Cynthia Wade, Betty K. Brasher, Billy Isbell, and Willie M. Taylor, by and through his next friend, Betty Sue Taylor, all Individually as well as on behalf of all other similarly situated in the State of Alabama, Plaintiffs, v. PHILIP MORRIS INCORPORATED, R.J. Reynolds Tobacco Company, Brown & Williamson Tobacco Corporation, Lorillard Tobacco Company, The Honorable Bill Pryor, Attorney General of the State of Alabama, and The State of Alabama, a Governmental Entity, Defendants.

United States District Court, M.D. Alabama, Northern Division.

July 31, 2000.

Attorney(s) appearing for the Case

William W. Smith, M. Clay Alspaugh, Hogan, Smith & Alspaugh, P.C., Birmingham, AL, for Plaintiffs.

Vernon L. Wells, II, Walston, Wells, Anderson & Bains, LLP, Birmingham, AL, Vernon L. Wells, II, R.J. Reynolds Tobacco Co., Montgomery, AL, Raymond L. Jackson, Jr., Office of Attorney General, Montgomery, AL, for Defendants.

MEMORANDUM OPINION

ALBRITTON, Chief Judge.

I. INTRODUCTION

This cause is before the court on a Motion to Dismiss (doc. # 6) for want of jurisdiction and for failure to state a claim upon which relief can be granted filed by the State of Alabama and the Attorney General of the State of Alabama. Also before the court is a Motion to Dismiss (doc. # 9) for failure to state...

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