SERVICE EMPLOYEES INTERNATIONAL UNION HEALTH AND WELFARE FUND, et al., Appellees,
v.
PHILIP MORRIS INCORPORATED, et al., Appellants.
The Republic of Guatemala, Appellant,
v.
The Tobacco Institute, Incorporated, et al., Appellees.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 21, 2001.
Decided May 22, 2001.
Attorney(s) appearing for the Case
Herbert M. Wachtell argued the cause in No. 00-7093 for appellants. With him on the briefs were Peter C. Hein, David S. Eggert, Timothy M. Broas, Michael K. Atkinson, Robert F. McDermott, Jr., Paul S. Ryerson, Robert H. Klonoff, Paul Reichert, Kenneth N. Bass, Leigh Hyer, Janet L. Goetz, Joseph Barloon, Keith A. Teel, D. Edward Wilson, Michael B. MacWilliams, Peter A. Woolson, Judah Best and John Parker Sweeney. Newman T. Halvorson, Jr. entered an appearance.
Michael C. Spencer argued the cause in No. 00-7093 for appellees. With him on the brief were Daniel Edelman and Roger M. Adelman.
Arthur R. Miller argued the cause in No. 00-7023 for appellants. On the briefs for appellants and amicus curiae Guatemalan National League Against Cancer were George M. Fleming, Sylvia Davidow, Andres C. Pereira, Richard M. Martin, Jr., Nicholas Gilman, and Jonathan S. Massey.
Herbert M. Wachtell argued the cause in No. 00-7023 for appellees. With him on the brief were Peter C. Hein, Timothy M. Broas, Michael K. Atkinson, Robert F. McDermott, Jr., Paul S. Ryerson, Kenneth N. Bass, Leigh Hyer, Garyowen P. Morrisroe, Thomas J. McCormack, Timothy M. Hughes, Robert E. Scott, Jr., Joseph M. McLaughlin, Gene E. Voigts, Richard L. Gray, John Vanderstar and Judah Best. Keith A. Teel, David Gruenstein, Daryl L. Joseffer, Michael A. Schlanger, Peter A. Woolson, and D. Edward Wilson, Jr. entered appearances.
Robin S. Conrad and Kenneth S. Geller were on the brief in No. 00-7023 of amicus curiae The Chamber of Commerce of the United States.
Before: WILLIAMS, SENTELLE and ROGERS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge ROGERS.
ROGERS, Circuit Judge:
In these two appeals, the court must determine whether the plaintiffs have demonstrated proximate cause in seeking, on an aggregate basis, to recover costs incurred as a result of paying for the health care needs of individual smokers. The complaints allege conspiracy and fraud in connection with federal antitrust and racketeering ("RICO") claims as well as antitrust claims under District...
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