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LORILLARD TOBACCO CO. v. REILLY

Nos. Civ.A.99-11118WGY, Civ.A.99-11270WGY.

84 F.Supp.2d 180 (2000)

LORILLARD TOBACCO CO., R.J. Reynolds Tobacco Co., Philip Morris Inc., Brown & Williamson Tobacco Corp., and United States Tobacco Co., Plaintiffs, v. Thomas REILLY, in his official capacity as Attorney General of Massachusetts, Defendant. Consolidated Cigar Corp.,; General Cigar Co., Inc.; Havatampa, Inc.; John Middleton, Inc.; L.J. Peretti Co., Inc; Swedish Match North America, Inc; Swisher International, Inc.; and Tobacco Exporters International (USA) Ltd., Plaintiffs, v. Thomas Reilly, in his official capacity as Attorney General of Massachusetts, Defendant.

United States District Court, D. Massachusetts.

January 24, 2000.

Attorney(s) appearing for the Case

James V. Kearney, Christopher R. Harris, Latham & Watkins, New York City, Peter C. Netburn, Peter G. Hermes, Hermes, Netburn, O'Connor & Spearing, Boston, MA, for Consolidated Cigar Corporation, General cigar Co., Inc., Havatampa, Inc., John Middleton, Inc., L.J. Peretti Co., Inc., Swedish Match North America, Inc., Swisher Intern., Inc., plaintiffs.

George J. Skelly, Skadden, Arps, Slate, Meagher & Flom LLP, Boston, MA, for United States Tobacco Company, plaintiff.

Thomas F. Reilly, Attorney General's Office, William T. Matlack, William W. Porter, Michael G. Hering, Assistant Attorney General, Office of the Attorney General, Boston, MA, for Thomas F. Reilly, Attorney General of the Commonwealth of Massachusetts, defendant.

Robert B. Collings, United States District Court, Boston, MA, for ADR Provider, pro se.

MEMORANDUM AND ORDER

YOUNG, Chief Judge.

I. CIGARETTE ADVERTISING IS FUNCTIONAL PORNOGRAPHY

The metaphor is apt. Both are entirely legal. Both are spawned by and supported by multi-billion-dollar industries generating significant economic activity. While ostensibly clucking in disapproval, millions of adult Americans support each industry with considerable cash outlays yet seek to have the government teach our children to avoid that which...

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