HARRIS v. OWENS

No. 00-1292.

264 F.3d 1282 (2001)

Wilfred L. HARRIS, Individually and as Proposed Class Representative on Behalf of All Others Similarly Situated, Plaintiff-Appellant, v. Bill OWENS, in his official capacity as Governor of the State of Colorado; Jim Rizzuto, in his official capacity as Executive Director of the Colorado Department of Health Care Policy and Financing, Defendants-Appellees, State of New Mexico; State of California; State of Georgia; State of Hawaii; State of Kansas; State of Maryland; State of Montana; State of Nevada; State of North Carolina; State of Tennessee; State of Utah; State of West Virginia, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

September 10, 2001.


Attorney(s) appearing for the Case

William E. Zimsky of Abadie & Zimsky, Durango, CO, for Plaintiff-Appellant.

Andrew Patrick McCallin, Assistant Attorney General (Ken Salazar, Attorney General and Jan Michael Zavislan, Assistant Attorney General, with him on the brief), Denver, CO, for Defendants-Appellees.

Patricia A. Madrid, Attorney General, Santa Fe, NM; John H. Clough, Assistant Attorney General, Albuquerque, NM, filed a brief for Amici Curiae.

Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and OWEN, District Judge.


EBEL, Circuit Judge.

In recent years society has begun to recognize smoking as an important public-health issue. The historic 1998 agreement between most of the states and the major tobacco companies was a milestone in the ongoing attempt to address this issue. As part of a broad settlement of the states' claims, the tobacco companies agreed to pay over time hundreds of billions of dollars to the states. In view of the enormous amount of money at stake, it is perhaps...

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