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ALF v. LORILLARD TOBACCO CO.

C.A. No. 19406.

831 A.2d 335 (2003)

AMERICAN LEGACY FOUNDATION, a Delaware non-profit corporation, Plaintiff, v. LORILLARD TOBACCO COMPANY, a Delaware corporation, Defendant.

Court of Chancery of Delaware, New Castle County.

Decided: January 30, 2003.

Attorney(s) appearing for the Case

David C. McBride, Richard H. Morse, Martin S. Lessner, Young, Conaway, Stargatt & Taylor, Wilmington, DE; Thomas P. McGonigle, John L. Reed, Duane Morris, LLP, Wilmington, DE; John Payton, Patrick J. Carome, David W. Ogden, Wilmer, Cutler & Pickering, Washington, D.C.; and Ellen Vargyas, of the American Legacy Foundation, Washington, D.C., for Plaintiff.

Stephen E. Herrmann, Robert W. Whetzel, Steven J. Fineman, Richards, Layton & Finger, Wilmington, DE; Jim W. Phillips, Jr., Robert J. King, III, Charles E. Coble, Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, Greensboro, NC, for Defendant.

OPINION

LAMB, Vice Chancellor.

I.

This action arises out of a landmark settlement agreement between the nation's largest tobacco companies and almost all the U.S. states and territories. As part of that settlement agreement, the signatories provided for the creation and funding of a foundation whose mission is to educate youth about the harms associated with tobacco use and to reduce levels of youth...

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