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EXHIBIT 99.2
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
PADUCAH DIVISION
CIVIL ACTION NO. 5:98-CV-108-R
CONWOOD COMPANY, L.P., ET AL.
PLAINTIFFS,
v.
UNITED STATES TOBACCO COMPANY, ET AL. DEFENDANTS
ORDER
Defendants having filed a motion for judgment as a matter of law, and a
motion for a new trial, or in the alternative, a reduced damages award.
Plaintiffs having responded and upon consideration by the Court.
IT IS ORDERED
Defendants' motion for judgment as a matter of law (doc. #366-1), and motion
for a new trail (doc. #366-2), or in the alternative, a reduced damages award
(doc #366-3) are DENIED. Defendants' motion for permission to conduct
post-verdict juror interviews (doc. #373) is DENIED.
This is a final and appealable order. There is no just cause for delay.
This is the 10 day of August 2000.
/s/ Thomas B. Russell
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Thomas B. Russell
Judge, United States District Court
cc: Counsel
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
PADUCAH DIVISION
CIVIL ACTION NO. 5:98CV-108-R
CONWOOD COMPANY, L.P. and
CONWOOD SALES COMPANY, L.P.
PLAINTIFFS,
v.
UNITED STATES TOBACCO COMPANY,
UNITED STATES TOBACCO SALES AND DEFENDANTS
MARKETING COMPANY INC., UNITED
STATES TOBACCO MANUFACTURING
COMPANY INC., and UST INC.
ORDER
Upon Defendants Motion to Authorize a Supersedeas Bond and Other Conditions
for Security of the Judgment and Proposed Order (Dok. #376), and this Court
being sufficiently advised,
IT IS ORDERED:
1. The present stay (Dok. #364) of any proceedings to enforce the judgment
entered March 29, 2000 (Dok. #363) pending the disposition of the post-trial
motions filed by Defendants and the disposition of any appeal by Defendants,
shall be subject to the following conditions:
a. Within 60 days of the entry of this Order, Defendants shall tender to
the Clerk of Court a cash supersedeas bond in the amount of $500 million
consistent with the requirements of LR 65.1.1;
b. Defendants shall file with the Court and serve upon counsel for
Plaintiffs its financial statement filed with the Securities Exchange Commission
on a quarterly basis;
c. During the stay imposed by this Order, UST Inc. shall not enter into
or conduct any corporate transaction that would jeopardize any security for the
judgment against it in this action;
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d. During the stay imposed by this Order, Defendants shall give notice
to the Court and to counsel for Plaintiffs of any planned extraordinary dividend
other than regular quarterly dividends; and
e. During the stay imposed by this Order, Defendants shall refrain from
entering into any share repurchase program.
2. In the event of changed circumstances which lead Plaintiffs to reasonably
believe that the judgment against Defendants is not adequately protected,
Plaintiffs may by motion ask this Court to increase the cash bond or to impose
other conditions necessary to protect and secure their judgment during the stay.
3. Magistrate Judge Moyer will handle all matters regarding this bond and
its requirements. A courtesy copy of any notification or motion filed in this
case regarding this Order shall be filed with Magistrate Judge Moyer's office
and any calls concerning this Order should be directed to his office.
4. The terms of this Order shall remain in effect until further order of the
Court. This is the 10 day of August, 2000.
/s/ Thomas B. Russell
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Thomas B. Russell
Judge, United States District Court
cc: Counsel
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
PADUCAH DIVISION
CIVIL ACTION NO. 5:98CV-108-R
CONWOOD COMPANY, L.P. and
CONWOOD SALES COMPANY, L.P. PLAINTIFFS,
v. ORDER FOR
PERMANENT INJUNCTIVE RELIEF
UNITED STATES TOBACCO COMPANY, DEFENDANTS
UNITED STATES TOBACCO SALES AND
MARKETING COMPANY, INC., UNITED
STATES TOBACCO MANUFACTURING
COMPANY, INC., and UST, INC.
Pursuant to 15 U.S.C. Section 26, the Court orders that defendants United
States Tobacco Company, United States Tobacco Sales and Marketing Company, Inc.,
United States Tobacco Sales and Marketing Company, Inc., United States Tobacco
Manufacturing Company, Inc. and UST, Inc. and all persons acting in concert with
defendants (collectively "UST") shall be enjoined for a period of five (5) years
as follows:
I. UST SHALL NOT:
a. Eliminate, remove, deface any competitor s smokeless tobacco
products, vending systems, counter displays or other advertising (including but
not limited to "point of sale" advertising such as "header cards"), except with
the prior written consent of the relevant competitor, such consent not to be
unreasonably withheld, or unless directed to do so by the retailer.
b. induce, influence materially cause or seek to cause any other
persons, by agreement, through material misrepresentations to remove, deface,
alter or otherwise adversely affect the placement or selection of any
competitor's smokeless tobacco products, vending systems, counter displays or
other advertising (including but not limited to "point of sale" advertising such
as "header cards").
Any party may seek modification of this Order, at any time, by written
motion and for good cause based on changed circumstances or otherwise.
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This Order is based on 15 U.S.C.Section 26, the accompanying Memorandum in
Support of Plaintiffs' Motion for Permanent Injunctive Relief the jury verdict,
the trial record, and the pleadings and filings in this matter.
This Court shall retain jurisdiction to enforce this Order. This Order will
be enforceable against all defendants in this lawsuit and any and all other
persons, affiliated or acting in concert with those persons. In the event that
any part of this Order is violated by any of named defendants or other persons,
the plaintiff may, by motion with notice to the attorneys for the defendants
apply for sanctions or other relief that may be appropriate.
IT IS SO ORDERED.
This 10 day of August, 2000.
/s/ Thomas B. Russell
Thomas B. Russell
Judge, United States District Court
Copies to: Counsel of Record
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
PADUCAH DIVISION
CIVIL ACTION NO. 5:98-CV-108-R
CONWOOD COMPANY, L.P., ET AL.
v. PLAINTIFFS,
UNITED STATES TOBACCO COMPANY, ET AL. DEFENDANTS
ORDER
IT IS ORDERED
The order for permanent injunctive relief (docket # 441) is effective
beginning September 1, 2000.
This is the 10 day of August 2000.
/s/ Thomas B. Russell
Thomas B. Russell
Judge, United States District Court
cc: Counsel
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