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TEXAS v. AMERICAN TOBACCO CO.

No. 05-40671.

463 F.3d 399 (2006)

State of TEXAS, Plaintiff-Appellant, v. AMERICAN TOBACCO CO., Etc.; et al., Defendants, Brown & Williamson Tobacco Co., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 1, 2006.

Attorney(s) appearing for the Case

Edward Donald Burbach (argued), Law Enforcement Defense Div., Sean Jordan, Austin, TX, Linda Ibach Shaunessy and David Calvin Mattax, Asst. Atty. Generals, Financial Litigation Div., Austin, TX, for Plaintiff-Appellant.

Stephen R. Patton, Douglas G. Smith (argued), Kirkland & Ellis, Chicago, IL, for Defendant-Appellee.

Before SMITH and STEWART, Circuit Judges, and HANEN, District Judge.

HANEN, District Judge:

The issue before this Court involves the proper interpretation of the settlement agreement between the State of Texas and five large cigarette manufacturers. Specifically, this Court must determine whether Brown & Williamson Tobacco Corporation n/k/a Brown & Williamson Holding, Inc. ("B&W") breached its obligations under the settlement agreement by failing to report cigarettes that B&W manufactured for Star Tobacco & Pharmaceuticals...

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