DC Court of Appeals Denies Tobacco’s Request for Rehearing en banc
October 13, 2009 6:02 pm by Gene BorioOn Sept. 22, 2009, 9 judges of the US Court of Appeals for the DC Circuit turned down Defendants’ request for a rehearing of their appeal before all the judges of the Court. There’s only one option left for tobacco defendants now: the US Supreme Court.
Full text of the order:
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Case: 06-5267
Document: 1207501
Filed: 09/22/2009
Page: 1
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
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No. 06-5267
September Term 2009
99cv02496
Filed On: September 22, 2009
United States of America, United States Department of Justice, et al.,
Appellees
v.
Philip Morris USA Inc., formerly known as Philip Morris Incorporated, et al.,
Appellees
British American Tobacco (Investments) Ltd., Directly and as Successor to BRITISH-AMERICAN TOBACCO COMPANY, LTD,
Appellant
The Council for Tobacco Research-USA, Inc., et al.,
Appellees
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Consolidated with 06-5268, 06-5269, 06-5270, 06-5271, 06-5272, 06-5332, 06-5367, 07-5102, 07-5103
BEFORE: Sentelle, Chief Judge, and Ginsburg,* Henderson,* Rogers, Tatel, Garland,* Brown, Griffith, and Kavanaugh,* Circuit Judges
O R D E R
Upon consideration of the petitions of Philip Morris USA Inc., R.J. Reynolds Tobacco Co., Lorillard Tobacco Co., Altria Group Inc., and British American Tobacco (Investments) Ltd. for rehearing en banc, and the absence of a request by any member
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No. 06-5267
September Term 2009
Page 2
of the court for a vote, it is
ORDERED that the petitions be denied.
Per Curiam
FOR THE COURT:
Mark J. Langer, Clerk
BY: /s/
Michael C. McGrail
Deputy Clerk
* Circuit Judges Ginsburg, Henderson, Garland and Kavanaugh did not participate in this matter.
Case: 06-5267
Document: 1207501
Filed: 09/22/2009
Page: 2