United States Court of Appeals

For the First Circuit



No. 00-2425

PHILIP MORRIS, INCORPORATED, ET AL.,



Plaintiffs, Appellees,



v.



THOMAS F. REILLY,

ATTORNEY GENERAL OF MASSACHUSETTS, ET AL.,



Defendants, Appellants.



No. 00-2449

UNITED STATES TOBACCO COMPANY, ET AL.,



Plaintiffs, Appellees,



v.



THOMAS F. REILLY,

ATTORNEY GENERAL OF MASSACHUSETTS, ET AL.,



Defendants, Appellants.



APPEALS FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. George A. O'Toole, Jr., U.S. District Judge]





Before

Torruella, Selya and Lipez,

Circuit Judges.



William W. Porter, Assistant Attorney General, with whom Thomas A. Barnico, Assistant Attorney General, and Thomas F. Reilly, Attorney General, were on brief for appellants.

Douglas N. Letter, Appellate Litigation Counsel, Civil Division, Department of Justice, for amicus United States.

Henry C. Dinger, P.C., with whom Goodwin Procter LLP, John H. Henn, Foley, Hoag & Eliot LLP, John Connarton, Connarton, Wood & Callahan, Richard M. Zielinski, Hill & Barlow, Clausen Ely, Jr., Patricia A. Barald, and Covington & Burling, were on brief for appellees Philip Morris, Inc., et al.

John L. Oberdorfer, with whom Patton Boggs LLP, A. Hugh Scott, Choate, Hall & Stewart, Peter J. McKenna, Eric S. Sarner, and Skadden, Arps, Slate, Meagher & Flom LLP, were on brief for appellees United States Tobacco Company, et al.



December 2, 2002


EN BANC OPINION






Please refer to the PDF file on our website, as it will provide you with an copy of the opinion that accurately reflects page references made in the concurring opinion of Judge Selya.