Shewry

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

R.J. REYNOLDS TOBACCO COMPANY;  No. 03-16535 LORILLARD TOBACCO COMPANY; D.C. No.

R. J. REYNOLDS SMOKE SHOP, INC., CV-03-00659-LKK

Plaintiffs-Appellants,

ORDER DENYING

v. PETITIONS FOR SANDRA SHEWRY, Director of the REHEARING EN California Department of Health  BANC AND Services; DILEEP G. BAL, Acting AMENDING Chief of the Tobacco Control OPINION AND Section of the California DISSENT AND Department of Health Services; AMENDED

STATE OF CALIFORNIA, OPINION AND

Defendants-Appellees. AMENDED  DISSENT

Appeal from the United States District Court for the Eastern District of California Lawrence K. Karlton, Senior Judge, Presiding

Argued and Submitted May 10, 2004—San Francisco, California

Filed September 28, 2004 Amended September 9, 2005

Before: Betty Binns Fletcher, Stephen Trott and Raymond C. Fisher, Circuit Judges.

Opinion by Judge Fisher; Dissent by Judge Trott

12895 R.J. REYNOLDS TOBACCO…