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CARDENAS v. ANZAI

No. 01-15297.

311 F.3d 929 (2002)

Cirilo B. CARDENAS, Sr.; Alejandro M. Asprer; Margaret D. Palting; Lex A. Bautista, on Behalf of Themselves and Others Similarly Situated, Plaintiffs-Appellants, v. Earl I. ANZAI, Attorney General, State of Hawai`i, in his Official Capacity; Neal Miyahara, Director, Department of Budget and Finance, State of Hawai`i, in His Official Capacity; Susan M. Chandler, Ph.D., Director, Department of Human Services, State of Hawai`i, in Her Official Capacity, Defendants-Appellees, and Citibank, N.A., Defendant.

United States Court of Appeals, Ninth Circuit.

Submitted June 24, 2002.

Filed November 18, 2002.

Attorney(s) appearing for the Case

Antonio Ponvert, III, Bridgeport, Connecticut, for the plaintiffs-appellants.

Charles Fell, Deputy Attorney General, Honolulu, Hawai`i, for the defendants-appellees.

Before THOMPSON, O'SCANNLAIN and BERZON, Circuit Judges.

Opinion by Judge THOMPSON; Concurrence by Judge O'SCANNLAIN.

OPINION

DAVID R. THOMPSON, Circuit Judge.

This case arises from the comprehensive settlement agreement reached in 1998 among major American tobacco companies and 46 states, including Hawai`i, that sued them for reimbursement of Medicaid and other costs attributable to smoking. Pursuant to the settlement agreement, Hawai`i will receive approximately $1.38 billion over the next 25 years....

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