MYERS v. PHILLIP MORRIS COMPANIES, INC.

No. 99-17383.

239 F.3d 1029 (2001)

Betty Jean MYERS, Plaintiff-Appellant, v. PHILLIP MORRIS COMPANIES, INC.; Brown & Williamson Tobacco Company Corp.; R.J. Reynolds Tobacco Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

As Amended March 28, 2001.


Attorney(s) appearing for the Case

Andre P. Gaston, Bourdette & Partners, Visalia, California, for Plaintiff-Appellant.

H. Joseph Escher, III, and Keith D. Kessler, Howard, Rice, Nemerovski, Canady, Falk and Rabkin, Three Embarcadero Center, San Francisco, CA, Daniel P. Collins, Munger, Tolles & Olson, LLP, Los Angeles, for Defendants-Appellees.

Before: Robert Boochever, Diarmuid F. O'Scannlain, and A. Wallace Tashima, Circuit Judges.


ORDER

We certify to the California Supreme Court the question set forth in Part III of this order.

We stay further proceedings in this court pending receipt of the answer to the certified question. This case is withdrawn from submission until further order of this court or the order declining to accept the certified question. If the California Supreme Court accepts the certified question, the parties shall file a joint report six months after date of acceptance...

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