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|STATE OF MINNESOTA DISTRICT COURT
COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT
CASE TYPE: OTHER CIVIL
________________________________________________________ Court File No. C1-94-8565
The State of Minnesota,
By Hubert H. Humphrey, III,
Its Attorney General,
Blue Cross and Blue Shield of Minnesota,
vs. ORDER DENYING DEFENDANT
B.A.T. INDUSTRIES P.L.C.S
Philip Morris Incorporated, MOTION FOR SUMMARY JUDGMENT
R.J. Reynolds Tobacco Company, SUBJECT TO RENEWAL
Brown & Williamson Tobacco Corporation,
B.A.T. Industries, p.l.c.,
British-American Tobacco Company Limited,
BAT (U.K. & Export) Limited,
Lorillard Tobacco Company,
The American Tobacco Company,
Liggett Group, Inc.,
The Council for Tobacco Research - U.S.A., Inc., and
The Tobacco Institute, Inc.
On November 20, 1997, Defendant B.A.T. Industries, p.l.c.. ("BAT Ind."), brought its Motion for Summary Judgment before the Honorable Kenneth J. Fitzpatrick of the Ramsey County District Court. This motion was one of the many motions heard by the court on November 18 - 20, 1997, in this action.
WHEREAS, the Court finds that, due to outstanding discovery issues, the evidentiary record in this matter is incomplete and matters germaine to Defendants motion remain outstanding;
WHEREAS, competition of discovery and the evidence presented at trial may provide additional relevant evidence necessary for the Court to make an informed determination;
Based on all of the pleadings, files and records herein, having considered the pleadings and evidence submitted by the parties and the arguments and representations of counsel, now, therefore
IT IS HEREBY ORDERED
Defendant B.A.T. Industries, p.l.c.s Motion for Summary Judgment dismissing Plaintiffs claims in their entirety is DENIED SUBJECT TO RENEWAL upon the completion of the parties presentations of evidence at trial. A memorandum is forthcoming.
Dated: January 26, 1998
Honorable Kenneth J. Fitzpatrick
Judge of District Court
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