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UNITED FOOD AND COMMERCIAL WORKERS UNIONS v. PHILIP MORRIS

No. 99-13476.

223 F.3d 1271 (2000)

UNITED FOOD AND COMMERCIAL WORKERS UNIONS, EMPLOYERS HEALTH AND WELFARE FUND, individually and on behalf of all United Food and Commercial Workers Union Health and Welfare Funds, Plaintiffs-Appellants, v. PHILIP MORRIS, INC., R.J. Reynolds Tobacco Company, Brown & Williamson Tobacco Corporation, B.A.T. Industries P.L.C., Lorillard Tobacco Company, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 22, 2000.

Attorney(s) appearing for the Case

Sam Heldman, Washington, DC, Frederick T. Kuykendall, III, Levin, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, P.A., Birmingham, AL, for Plaintiffs-Appellants.

Herbert M. Wachtell, Wachtell, Lipton, Rosen & Katz, New York City, for Philip Morris, Inc.

Paul S. Ryerson, Robert H. Klonoff, Jones, Day, Reavis & Pogue, Washington, DC, for R.J. Reynolds Tobacco Co.

David Stewart Eggert, Thomas W. Stoever, Jr., Arnold & Porter, Washington, DC, for B.A.T. Industries, P.L.C.

Robert A. Huffaker, Rushton, Stakely, Johnston & Garrett, P.C., Montgomery, AL, for Tobacco Institute, Inc.

William H. Brooks, Lightfoot, Franklin & White, LLC, Birmingham, AL, for Tate.

Robin G. Laurie, Balch & Bingham, Montgomery, AL, for Hill and Knowlton, Inc.

Vernon L. Wells, II, Randall D. Quarles, Walston, Wells, Anderson & Bains, Birmingham, AL, for Defendants-Appellees.

Before EDMONDSON and BIRCH, Circuit Judges, and SHAPIRO, District Judge.

EDMONDSON, Circuit Judge:

Plaintiff, the United Food and Commercial Workers Unions and Employers Health and Welfare Fund, is an employee health and welfare benefit plan organized under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq. Defendants are eight manufacturers of tobacco products, three tobacco industry trade groups, one public relations firm associated with the tobacco industry, three distributors of tobacco products, and...

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