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WATSON v. TEXAS

No. 00-41269.

261 F.3d 436 (2001)

Bobby WATSON, On Behalf of Himself and All Others Similarly Situated, Plaintiff-Appellant, v. State of TEXAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 7, 2001.

Attorney(s) appearing for the Case

George M. Fleming, Sylvia Gerald Davidow, Andres Christian Pereira (argued), Fleming & Associates, Houston, TX, for Plaintiff-Appellant.

Brent Alan Benoit, Sp. Asst. Atty. Gen., Gregory Scott Coleman (argued), Julie Caruthers Parsley, Austin, TX, for Defendant-Appellee.

Before HIGGINBOTHAM and BENAVIDES, Circuit Judges, and LITTLE, District Judge.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Texas smokers, suffering smoking-related illnesses treated with Medicaid assistance, filed this suit asserting a right to share in the settlement that resolved the lawsuit filed by the State of Texas against members of the tobacco industry. The district court dismissed the smokers' complaint in the suit now before us for failure to state a claim upon which relief can be granted. It...

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