STATE OF MINNESOTA DISTRICT COURT

COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT

Case Type: Other Civil

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THE STATE OF MINNESOTA,

COURT FILE NO. C1-94-8565

BY HUBERT H. HUMPHREY, III,

ITS ATTORNEY GENERAL,

and

BLUE CROSS AND BLUE SHIELD

OF MINNESOTA,

Plaintiffs,

vs.

PHILIP MORRIS INCORPORATED,

R.J. REYNOLDS TOBACCO COMPANY,

BROWN & WILLIAMSON TOBACCO CORPORATION,

B.A.T. INDUSTRIES P.L.C.,

LORILLARD TOBACCO COMPANY,

THE AMERICAN TOBACCO COMPANY,

LIGGETT GROUP, INC.,

THE COUNCIL FOR TOBACCO RESEARCH - U.S.A., INC., and

THE TOBACCO INSTITUTE, INC.,

Defendants.

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PROPOSED ORDER

The above-entitled matter came on for hearing on October 8, 1996, before the Honorable Kenneth J. Fitzpatrick based on plaintiffs' motion to waive privilege for documents inadequately described on defendants' privilege logs or, in the alternative, in camera review of the inadequately described documents.

Based upon review of the file and arguments of counsel, it is hereby ordered that:

1. The privilege has been waived for all documents identified in the appendices submitted by plaintiffs in support of their motion and all such documents shall be produced to plaintiffs within 21 days; or, in the alternative,

2.The documents identifed in the appendices submitted by plaintiffs in support of their motion shall be submitted to the Court within 10 days for in camera review.

Kenneth J. Fitzpatrick

Judge

Or, in the alternative,

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