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PHILIP MORRIS v. NAT. ASBESTOS WORKERS MED. FUND

Docket No. 00-3004.

214 F.3d 132 (2000)

In re PHILIP MORRIS INCORPORATED; Philip Morris Companies, Inc.; R.J. Reynolds Tobacco Co., Inc.; RJR Nabisco, Inc.; Brown & Williamson Tobacco Corporation; Fortune Brands, Inc.; Lorillard Tobacco Company; The American Tobacco Company; The Council for Tobacco Research—U.S.A., Inc.; The Tobacco Institute, Inc.; British American Tobacco Company, Ltd.; and Hill & Knowlton, Inc., Petitioners, v. NATIONAL ASBESTOS WORKERS MEDICAL FUND, National Automatic Sprinkler Industry Welfare Fund, National Elevator Industry Health Benefit Plan, Plumbers Local No. 1 Industry Board Welfare Fund, UA Local 38 Health and Welfare Trust Fund, Washington Area Carpenters' Health and Welfare Trust Fund, Iron Workers Local Union No. 16 Health Fund, Respondents.

United States Court of Appeals, Second Circuit.

Decided June 9, 2000.

Attorney(s) appearing for the Case

Kenneth J. Parsigian, Paul E. Nemser, Christopher D. Moore, Goodwin, Procter & Hoar LLP, Boston, MA, for Petitioners.

Sally M. Tedrow, O'Donoghue & O'Donoghue (Louis P. Malone III, Todd B. Castelton, on the brief), Washington, DC, E. David Hoskins, Law Offices of Peter G. Angelos, P.C. (John C.M. Angelos, David L. Palmer, on the brief), Baltimore, MD, for Respondents.

Before: WALKER, JACOBS, and LEVAL, Circuit Judges.

PER CURIAM:

Petitioner is the defendant in a case styled as a class action under Fed.R.Civ.P. ("Rule") 23(b)(3), seeking damages on behalf of

[a]ll self-insured, multi-employer benefit plans ("Plans") and their respective Boards of Trustees ("Trustees"), established pursuant to the requirement of the Labor Management Relations Act, Section 302(c)(5), 29 U.S.C. § 186(c)(5) (Taft-Hartley Act) (for the purpose of providing health, welfare and related benefits...

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