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PEOPLE EX REL. LOCKYER v. REYNOLDS TOBACCO

No. D040854

11 Cal.Rptr.3d 317 (2004)

116 Cal.App.4th 1253

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 1

As Modified on Denial of Rehearing March 19, 2004

Review Denied June 9, 2004

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison, Jeh Charles Johnson, Marc Falcone, Paul H. Cohen, Amelia A. Cottrell; Howard, Rice, Nemerovski, Canady, Falk & Rabkin, and H. Joseph Escher III, for Defendant-Appellant.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Dennis Eckhart, Senior Assistant Attorney General, Laura Kaplan, Alan Lieberman and Karen Leaf, Deputy Attorneys General, for Plaintiff and Respondent.

G. Steven Rowe, Attorney General, and Melissa Reynolds O'Dea, Assistant Attorney General (Maine), Christine O. Gregoire, Attorney General, and David M. Horn, Assistant Attorney General (Washington), for 38 states, the District of Columbia and Puerto Rico as Amici Curiae on behalf of Plaintiff and Respondent.

McDONALD, J.

Defendant R.J. Reynolds Tobacco Company (Reynolds) appeals a judgment in favor of plaintiff the People of the State of California on the People's complaint for an enforcement order of a consent decree (Consent Decree) entered on a master settlement agreement (MSA). Reynolds contends the court erred by (1) concluding Reynolds violated an MSA provision incorporated into the Consent Decree prohibiting Reynolds from targeting youth in its print advertising...

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