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AM. LEGACY FOUNDATION v. LORILLARD TOBACCO

Civ.A. No. 19406.

895 A.2d 874 (2005)

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 October 3, 2005.

Attorney(s) appearing for the Case

David C. McBride, Martin S. Lessner, Christian Douglas Wright, Karen E. Keller, Young Conaway Stargatt & Taylor, L.L.P., Wilmington, DE; John Payton, David W. Ogden, Stuart F. Delery, Wilmer Cutler Pickering Hale and Dorr, L.L.P., Washington, DC; Ellen Vargyas, American Legacy Foundation, Washington, DC, for American Legacy Foundation.

Stephen E. Herrmann, Steven J. Fineman, Richards, Layton & Finger, P.A., Wilmington, DE; Jim W. Phillips, Jr., Robert J. King, III, Charles E. Coble, Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., Greensboro, NC, for Lorillard Tobacco Company.

MEMORANDUM OPINION AND ORDER

LAMB, Vice Chancellor.

I.

Lorillard Tobacco Company, the defendant and counterclaim plaintiff, has moved, pursuant to Court of Chancery Rule 59, for reargument of this court's August 22, 2005 Opinion granting summary judgment in favor of American Legacy Foundation ("ALF").1 The motion raises three issues. First, Lorillard claims the court was mistaken in concluding that Lorillard...

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