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PEOPLE EX REL. LOCKYER v. R.J. REYNOLDS TOBACCO CO.

No. D039485.

132 Cal.Rptr.2d 151 (2003)

107 Cal.App.4th 516

The PEOPLE ex rel. Bill LOCKYER, as Attorney General, etc., Plaintiff and Respondent, v. R.J. REYNOLDS TOBACCO COMPANY, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

Review Denied June 25, 2003.

Attorney(s) appearing for the Case

Howard, Rice, Nemerovski, Canady, Falk & Rabkin, H. Joseph Escher III, Ethan P. Schulman, Pamela T. Johann and Evan S. Nadel, San Francisco, for Defendant and Appellant.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Dennis Eckhart, Assistant Attorney General, Amy J. Hertz, Michelle Fogliani and Peter Williams, Deputy Attorneys General, for Plaintiff and Respondent.

Milberg Weiss Bershad Hynes & Lerach, Patrick J. Coughlin, Frank J. Janecek, Jr., Christopher Collins, Emeryville; National Center for Tobacco-Free Kids, Inc. and Matthew L. Myers for the American Cancer Society, the American Lung Association, the American Heart Association, the American Public Health Association, the American Academy of Family Physicians, the American College of Chest Physicians and the National Center for Tobacco-Free Kids, Inc. as Amici Curiae on behalf of Plaintiff and Respondent.

Janet Napolitano, Attorney General (Arizona), and Craig W. Soland, Assistant Attorney General, for State Attorneys General as Amici Curiae on behalf of Plaintiff and Respondent.

KREMER, P.J.

Defendant R.J. Reynolds Tobacco Company (Reynolds) appeals a summary judgment favoring plaintiff the People of the State of California on the People's complaint for enforcement of a master settlement agreement (MSA). Reynolds contends the court erred in concluding Reynolds violated an MSA provision limiting outdoor advertising of tobacco Products. Since Reynolds has not demonstrated reversible error, the summary judgment must be upheld.

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