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LEWIS v. PHILIP MORRIS INC.

Nos. 01-6174, 01-6502.

355 F.3d 515 (2004)

James A. LEWIS, doing business as B & H Vendors; Penn Vending Company; Eagle Coin Machine; Belfiore Music & Cigarette Company; B & G Enterprises, Ltd.; All Brands Vending Co., Inc.; Class A Vending; C.I.C. Corporation; Melo-Tone Vending, Inc.; T.D. Rowe Corporation, Plaintiffs-Appellants, v. PHILIP MORRIS INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 15, 2004.

Attorney(s) appearing for the Case

John M. Shoreman (argued and briefed), Douglas B. McFadden (briefed), McFadden & Shoreman, Washington, D.C., for Appellants.

Jerome I. Chapman (argued and briefed), Arnold & Porter, Washington, D.C., R. Dale Grimes (briefed), Bass, Berry & Sims, Nashville, Tennessee, for Appellee.

James L. O'Connell (briefed), Lindhorst & Dreidame, Cincinnati, OH, for Amicus Curiae.

Before MOORE and ROGERS, Circuit Judges; KATZ, District Judge.

ROGERS, J., announced the judgment of the court and delivered an opinion, in which MOORE and KATZ, concurred except as to Part II.B. MOORE, J. (pp. 534-39), delivered a separate opinion, in which KATZ, D. J., concurred as to the issues addressed in Parts I and II, which constitutes the opinion of the court on these issues.

OPINION

PER CURIAM.

Judge Moore would reverse on all the claims as to which the district court granted summary judgment. Judge...

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