STRAWSER v. ATKINS

Nos. 01-1175, 01-1557 and 01-2245.

290 F.3d 720 (2002)

Lois STRAWSER; Joyce Perry; James H. Sheppard; Mary Jean Booth; Joyce D. Barker; Betty Jean Gilman; Kathy Robertson, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Nancy V. ATKINS, in her capacity as Commissioner of the Bureau of Medical Services, West Virginia Department of Health and Human Resources; Darrell W. Peters, in his capacity as supervisor, Third Party Liability Office of Administration, Accounts Receivable Unit of the Bureau for Medical Services, West Virginia Department of Health and Medical Services, West Virginia Department of Health and Human Resources; Paul L. Nusbaum, in his capacity as Secretary of the West Virginia Department of Health and Human Resources; Darrell V. McGraw, in his capacity as Attorney General of the State of West Virginia; Citibank, N.A., Escrow Agent, Defendants-Appellees. Stephen Albert Joseph, Jr.; Selma Charlene Hatfield; Howard S. Miller; Annie Sams Mosteller; David Kay Mullins; Mamie Brewer; Brenda Carson, Personal Representative of the Estate of Bondale Carson Miller; Margaret Renee Fleming, Personal Representative of the Estate of Earnestine Fleming; Laura Kelly, Personal Representative of the Estate of Elizabeth McAbee; Alford Welborn, Individually and on behalf of others similarly situated, Plaintiffs-Appellants, v. Charles M. Condon, in his official capacity as South Carolina Attorney General; Citibank, N.A.; William A. Prince, in his official capacity as Director of South Carolina Department of Health and Human Services, Defendants-Appellees, and Chase Manhattan Bank (USA), N.A., in its official capacity as Escrow Agent, Defendant. Hilda White; The Estate of Robert Cornelison, by and through Personal Representative, Helen Forte; Maude C. Strickland; The Estate of Robert W. Eltz, by and through Personal Representative, Nellie Eltz; The Estate of Marvin King, by and through Personal Representative, Donna King; The Estate of Maggie Irving, by and through Personal Representative, Wanda Jones; The Estate of Annis E. Messer, by and through Personal Representative, Charles Messer; Deborah Morey; The Estate of Hester Heatherly, by and through Personal Representative, Carroll Heatherly, Plaintiffs-Appellants, v. Michael F. Easley, Governor, in his official capacity as Governor of North Carolina; John Doe, in his official capacity as Tobacco Escrow Agent for the State of North Carolina; Richard H. Moore, in his official capacity as Treasurer of North Carolina; Carmen Hooker Buell, in her official capacity as Secretary of the North Carolina Department of Health & Human Services; Nina M. Yeager, in her official capacity as Director of the Division of Medical Assistance; The Golden L.E.A.F. (Long-Term Economic Advancement Foundation), Inc., a North Carolina Nonprofit Corporation, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 22, 2002.


Attorney(s) appearing for the Case

ARGUED: Antonio Ponvert, III, Koskoff, Koskoff & Bieder, P.C., Bridgeport, Connecticut; Larry Stephen McDevitt, Van Winkle, Buck, Wall, Starnes & Davis, P.A., Asheville, North Carolina, for Plaintiffs-Appellants. Charles R. Bailey, Bailey & Wyant, P.L.L.C., Charleston, West Virginia; John F. McCuskey, Shuman, McCuskey & Slicer, P.L.L.C., Charleston, West Virginia; Randall Lee Trautwein, Lamp, O'Dell, Bartram, Levy & Trautwein, P.L.L.C., Huntington, West Virginia; James Emory Smith, Jr., Assistant Deputy Attorney General, Columbia, South Carolina; Cory Hohnbaum, Kennedy, Covington, Lobdell & Hickman, L.L.P., Charlotte, North Carolina; James Carey Gulick, Senior Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Defendants-Appellees. ON BRIEF: Richard A. Bieder, Koskoff, Koskoff & Bieder, P.C., Bridgeport, Connecticut; Troy N. Giatras, Giatras & Webb, Charleston, West Virginia; Robert James Gould, Charleston, West Virginia; W. Carleton Metcalf, Van Winkle, Buck, Wall, Starnes & Davis, P.A., Asheville, North Carolina; Charles E. Burgin, Dameron, Burgin & Parker, P.A., Marion, North Carolina; John A. Hagins, Jr., Karen W. Creech, Covington, Patrick, Hagins, Stern & Lewis, P.A., Greenville, South Carolina; Dick James, The Dick James Law Firm, Greenville, South Carolina; William A. Jordan, William A. Jordan, L.L.C., Greenville, South Carolina; J. David Flowers, J. David Flowers, P.A., Greenville, South Carolina, for Plaintiffs-Appellants. John T. Molleur, Bailey & Wyant, P.L.L.C., Charleston, West Virginia; Roberta F. Green, Shuman, McCuskey & Slicer, P.L.L.C., Charleston, West Virginia; Frances A. Hughes, Managing Deputy Attorney General, State of West Virginia, Charleston, West Virginia; Charlie Condon, Attorney General, Treva G. Ashworth, Deputy Attorney General, Columbia, South Carolina; Marie Ellen Gibbs, Kennedy, Covington, Lobdell & Hickman, L.L.P., Charlotte, North Carolina; Richard G. Hepfer, Deputy General Counsel, Department of Health and Human Services, Columbia, South Carolina; Roy Cooper, North Carolina Attorney General, Daniel F. McLawhorn, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina; Matthew W. Sawchak, Ellis & Winters, L.L.P., Raleigh, North Carolina, for Defendants-Appellees.

Before MOTZ and TRAXLER, Circuit Judges, and W. Craig BROADWATER, United States District Judge for the Northern District of West Virginia, sitting by designation.


Affirmed by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Judge TRAXLER and Judge BROADWATER joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge.

These appeals grow out of a 1998 settlement of litigation that many states brought against a group of major tobacco companies. West Virginia, North Carolina, and South Carolina, like all other states participating in the settlement, stand to receive substantial funds pursuant to...

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