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GROUP HEALTH PLAN, INC. v. PHILIP MORRIS INC.

No. C6-00-377.

621 N.W.2d 2 (2001)

GROUP HEALTH PLAN, INC., et al., Plaintiffs, Medica, a subsidiary of Allina Health System, Plaintiff, v. PHILIP MORRIS INCORPORATED, R.J. Reynolds Tobacco Company, Brown & Williamson Tobacco Corporation, British-American Tobacco Company Limited, et al., Lorillard Tobacco Company, Liggett Group, Inc., United States Tobacco Company, Hill & Knowlton, Inc., The Council for Tobacco Research—U.S.A., Inc., The Tobacco Institute, Inc., Smokeless Tobacco Council, Inc., Defendants.

Supreme Court of Minnesota.

January 11, 2001.

Attorney(s) appearing for the Case

Lawrence T. Hofmann, Richard M. Hagstrom, Michell K. Enright, Tricia M. Whitehill, Zelle, Hofmann, Voelbel & Gette, L.L.P., Minneapolis, for Plaintiffs Group Health Plan, Inc., and HealthPartners, Inc.

Lewis A. Remele, Jr., Charles E. Lundberg, Gregory P. Bulinski, Bassford, Lockhart, Truesdell & Briggs, P.A., Minneapolis, for Plaintiff Medica.

Peter W. Sipkins, Dorsey & Whitney, L.L.P., Minneapolis, for Defendants.

Heard, considered, and decided by the court en banc.

OPINION

PAGE, Justice.

Before the court are two consolidated federal court actions by appellants, three nonprofit Minnesota health maintenance organizations, Group Health Plan, Inc., HealthPartners, Inc., and Medica (collectively "the HMOs"), against several cigarette manufacturers and affiliated organizations, respondents Philip Morris Incorporated, et al.1 (collectively "the tobacco companies"). The HMOs seek to recover costs...

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