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STATE EX REL. GODDARD v. R.J. REYNOLDS TOBACCO COMPANY

No. 1 CA-CV 02-0238.

75 P.3d 1075 (2003)

206 Ariz. 117

STATE of Arizona ex rel., Terry GODDARD, Attorney General, Plaintiff-Appellee, v. R.J. REYNOLDS TOBACCO COMPANY, a New Jersey corporation, Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department D.

September 9, 2003.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General, By Craig W. Soland, Chief Tobacco Counsel, Douglas E. Lau, Assistant Attorney General, Phoenix, Attorneys for Plaintiff-Appellee.

Shughart Thomson Kilroy Goodwin Raup, P.C., By Brian M. Goodwin, Lori V. Berke, Phoenix, and Howard, Rice, Nemerovski, Canady, Falk & Rabkin, By H. Joseph Escher III, Pamela K. Fulmer, Evan S. Nadel, San Franciso, CA, Attorneys for Defendant-Appellant.

Bill Lockyer, Attorney General of California, Richard M. Frank, Chief Assistant Attorney General, Dennis Eckhart, Senior Assistant Attorney General, Amy J. Hertz, Deputy Attorney General, Michelle Fogliani, Deputy Attorney General, San Diego, CA, Attorneys for Amici Curiae.

OPINION

WEISBERG, Judge.

¶ 1 R.J. Reynolds Tobacco Co. ("Reynolds") appeals from the grant of summary judgment to the State of Arizona and the denial of its own motion for summary judgment. At issue is the interpretation of a provision in a Master Settlement Agreement entered into by the parties. We affirm.

BACKGROUND

¶ 2 In 1998, the State of Arizona, along with forty-five states, the District of Columbia, and five territories...

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