DC Court of Appeals Denies Tobacco’s Request for Rehearing en banc

October 13, 2009 6:02 pm by Gene Borio

On 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.

The PDF is here.

Full text of the order:

____________

Case: 06-5267

Document: 1207501

Filed: 09/22/2009

Page: 1

United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

____________

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

——————————

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

____________

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

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