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CORRECTING and REPLACING Philip Morris USA to Appeal Wholesale Leaders Loss; Tennessee Court Grants Temporary Injunction to Plaintiffs.


Business Editors

CORRECTION...by Philip Morris USA Philip Morris USA is the United States tobacco division of Altria Group, Inc. General information
On January 27, 2003, Philip Morris Companies Inc. changed its name to Altria Group, Inc. Even under this new name, Altria continues to own 100% of Philip Morris USA.
 

NEW YORK--(BUSINESS WIRE)--Aug. 6, 2003

In BW5695, issued August 6, 2003, (NY-PHILIP-MORRIS-USA) to Appeal Wholesale Leaders Loss, second graph, last line should read xxx highest payments (sted highest discounts) and third graph, last line should read xxx 16 wholesalers (sted 16 retailers).

The corrected release reads:

PHILIP MORRIS USA TO APPEAL WHOLESALE LEADERS LOSS

TENNESSEE COURT GRANTS TEMPORARY INJUNCTION temporary injunction n. a court order prohibiting an action by a party to a lawsuit until there has been a trial or other court action. A temporary injunction differs from a "temporary restraining order" which is a short-term, stop-gap injunction issued pending a  TO PLAINTIFFS

Philip Morris USA is disappointed that the U.S. District Court in the Eastern District of Tennessee has granted the plaintiffs' motion for a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits.

A preliminary injunction is regarded as extraordinary relief.
 granting the plaintiffs the highest payments available under the Company's 2003 Wholesale Leaders Program.

Effective June 29, 2003, Philip Morris USA enhanced its wholesale program to better align align (līn),
v to move the teeth into their proper positions to conform to the line of occlusion.
 the program with the Company's goals of growing share and rewarding wholesaler performance. The program rewards wholesalers in part based on their shipment share of Philip Morris USA products. The plaintiffs are unhappy because their performance so far does not qualify them for the highest payments available to all under the program. The District Court's injunction requires Philip Morris USA to treat the plaintiffs the same as those wholesalers who, through their performance, have qualified for the highest payments.

"We do intend to appeal this decision," said Denise F. Keane, Senior Vice President and General Counsel for Philip Morris USA. "We are hopeful that the appellate court A court having jurisdiction to review decisions of a trial-level or other lower court.

An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed.
 will reverse the trial court's ruling, and conclude that the district court should not have ordered Philip Morris USA to give special status to these 16 wholesalers."

Philip Morris USA is confident its wholesale program will withstand legal scrutiny and is committed to vigorously defend itself in the litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
. The program is available equally to all wholesalers, big and small, and it does not foreclose fore·close  
v. fore·closed, fore·clos·ing, fore·clos·es

v.tr.
1.
a. To deprive (a mortgagor) of the right to redeem mortgaged property, as when payments have not been made.

b.
 any competitors from getting their products to the adult consumer.

For more information about the Company's products and positions on tobacco-related issues, please visit the Philip Morris USA web site at www.philipmorrisusa.com.
COPYRIGHT 2003 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2003, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Geographic Code:1USA
Date:Aug 7, 2003
Words:330
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