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BARTON v. SUMMERS

Nos. 00-5942, 00-6282.

293 F.3d 944 (2002)

Beverly K. BARTON, Plaintiff-Appellant, v. Paul G. SUMMERS, et al., Defendants-Appellees. Harshell C. Downs, Jr.; Kathleen D. Downs, Plaintiffs-Appellants, v. Commonwealth of Kentucky, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 13, 2002.

Rehearing and Suggestion for Rehearing Denied: August 9, 2002.

Attorney(s) appearing for the Case

Antonio Ponvert III (argued and briefed), Koskoff, Koskoff & Bieder, Bridgeport, CT, Cecil Dewey Branstetter, Jr., James G. Stranch III (briefed), Branstetter, Kilgore, Stranch & Jennings, Edmund L. Carey, Jr., George E. Barrett (briefed), Barrett, Johntson & Parsley, Nashville, TN, Richard M. Guarnieri, J. Guthrie True (briefed), Johnson, Judy, True & Guarnieri, Frankfort, KY, for Appellants.

Russell T. Perkins (argued and briefed), Office of the Attorney General, Nashville, TN, D. Brent Irvin (argued), S. Elizabeth Martin (briefed), Office of the Attorney General, Nashville, TN, Scott White (briefed), Office of the Attorney General, Frankfort, KY, for Appellees.

James C. Gulick (briefed), N.C. DEPARTMENT OF JUSTICE, Raleigh, NC, for Amici Curiae.

Before RYAN, BOGGS, and DAUGHTREY, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied: August 9, 2002.

OPINION

BOGGS, Circuit Judge.

Plaintiffs-appellants, Medicaid recipients with tobacco-related illnesses, appeal the dismissal of their actions seeking injunctions against two states, Kentucky and Tennessee (the States). Plaintiffs seek to intercept tobacco settlement money due to the States under the Master Settlement Agreement between a number of settling states and tobacco manufacturers...

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