Tobacco On Trial

Text follows of:

DOJ Appeal Notice, October 16, 2006

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________

UNITED STATES OF AMERICA,

Plaintiff,

and

Civil Action TOBACCO-FREE KIDS ACTION FUND, et al.,

No. 99-CV-02496 (GK)

Plaintiff-Intervenors,

v.

PHILIP MORRIS USA INC.,

f/k/a PHILIP MORRIS INC., et al.,

Defendants.

__________________________________________

NOTICE OF APPEAL

Notice is hereby given this 16th day of October, 2006, that the United States hereby appeals to the United States Court of Appeals for the District of Columbia Circuit from the judgment of this Court entered on the 17th day of August, 2006.

Appeal from this judgment includes any and all orders antecedent and ancillary thereto, including any and all interlocutory judgments, decrees, decisions, rulings, and opinions that merged into and became part of the judgment, that shaped the judgment, that are related to the judgment, and upon which the judgment is based.

Dated: October 16, 2006

Washington, DC

Respectfully submitted,

PETER D. KEISLER

Assistant Attorney General

/s/ Stuart Schiffer

STUART SCHIFFER

Deputy Assistant Attorney General

/s/ Linda M. McMahon

LINDA M. McMAHON (DC Bar No. 446130)

MARK B. STERN

ALISA B. KLEIN

MARK R. FREEMAN

SARANG V. DAMLE

Attorneys, Appellate Staff

United States Department of Justice

Post Office Box 14524

Ben Franklin Station

Washington, DC 20044-4524

(202) 616-4185

United States of America

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