LEWIS v. STATE EX REL. MILLER

No. 01-0659.

646 N.W.2d 121 (2002)

Kenneth A. LEWIS, Virgil D. Power and Sandra Williams, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. STATE of Iowa, EX REL., Thomas J. MILLER, in his official capacity as Attorney General of the State of Iowa, and Iowa Department of Human Services, Defendants-Appellees.

Court of Appeals of Iowa.

April 24, 2002.


Attorney(s) appearing for the Case

Matthew Novak and Thad J. Collins of Pickens, Barnes & Abernathy, Cedar Rapids, and John C. Cabaniss of Law Office of John C. Cabaniss, Milwaukee, WI, for appellants.

Thomas J. Miller, Attorney General, and Gordon Allen, Deputy Attorney General, for appellees.

Heard by MAHAN, P.J., and ZIMMER and EISENHAUER, JJ.


MAHAN, P.J.

The plaintiffs appeal from a district court ruling granting the defendants summary judgment. The ruling dismissed the plaintiffs' class action suit, in which they sought a declaratory judgment that they were entitled to portions of the proceeds from a 1998 settlement entered into between various tobacco companies and several states, including the State of Iowa. The plaintiffs contend the district court erred by failing to recognize that, in light of certain...

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