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STATE v. PHILIP MORRIS USA INC.

No. COA07-1572.

669 S.E.2d 753 (2008)

STATE of North Carolina, Plaintiff, v. PHILIP MORRIS USA INC., R.J. Reynolds Tobacco Company, Brown & Williamson Tobacco Corporation, individually and as successor by merger to The American Tobacco Company; and Lorillard Tobacco Company, Defendants.

Court of Appeals of North Carolina.

December 16, 2008.

Attorney(s) appearing for the Case

Attorney General of Maryland Douglas F. Gansler, by Special Assistant to the Attorney General Marlene Trestman and Assistant Attorneys General David S. Lapp and Craig A. Nielsen and Attorney General of Pennsylvania Thomas W. Corbett, Jr., by Chief Deputy Attorney General Joel M. Ressler and Deputy Attorney General Tracey Dey Tubbs, for plaintiff-appellee.

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by Jim W. Phillips, Jr. and Charles F. Marshall, III, Greensboro, for defendant-appellants.

Smith Moore, L.L.P., by Larry B. Sitton, Gregory G. Holland and Jonathan P. Heyl, Greensboro, for defendant-appellant Philip Morris USA Inc.

Kennedy, Covington, Lobdell & Hickman, L.L.P., by William G. Scoggin, Raleigh, for amicus curiae North Carolina Citizens for Business and Industry.

TYSON, Judge.

Philip Morris USA, Inc., R.J. Reynolds Tobacco Company, and Lorillard Tobacco Company (collectively, "Settlors") appeal order entered, which denied their motion for summary judgment and granted the motion for summary judgment submitted by Maryland Certification Entity ("Maryland") and Pennsylvania Certification Entity ("Pennsylvania"). We reverse and remand.

I. Background

During litigation over the health effects of tobacco and...

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