CAROL CLAWSON - No. 4813

Solicitor General

236 State Capitol

Salt Lake City, Utah 84114

Telephone: (801) 538-1874

Attorneys for Defendants

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IN THE THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY

STATE OF UTAH

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PHILIP MORRIS INCORPORATED, a:

Virginia Corporation; BROWN &

WILLIAMSON TOBACCO:

CORPORATION, a Delaware

Corporation; LORILLARD:

TOBACCO COMPANY, a Delaware

Corporation; and R.J. REYNOLDS:

TOBACCO COMPANY, a New Jersey

Corporation, :

Plaintiffs,:

vs.:

JANET C. GRAHAM, Attorney:

General of the State of Utah;

UTAH DEPARTMENT OF HEALTH;:

UTAH DEPARTMENT OF HUMAN

SERVICES; ROD L. BETIT,:

Executive Director, Utah

Department of Health and Executive:

Director, Utah Department of Human

Services,:

Defendants.:

MOTION TO DISMISS AND REQUEST FOR HEARING

Defendants JAN GRAHAM, Utah Attorney General, UTAH DEPARTMENT OFHEALTH, UTAH DEPARTMENT OF HUMAN SERVICES, and ROD BETIT, Executive Director, Utah Departments of Health and Human Services (collectively, the "State"), pursuant to Rule 12(b)(6) of the Utah Rules of Civil Procedure, move to dismiss the Plaintiffs’ complaint for declaratory and injunctive relief for failure to state a claim on upon which relief can be granted. With respect to Plaintiffs’ first, second, third and fourth causes of action, Defendants move to dismiss those claims with prejudice on the grounds that, as a matter of law, Plaintiffs have not, and cannot, state a claim upon which relief can be granted. This Motion is supported by the Defendants’ Memorandum of Points and Authorities filed this same date.

ORAL ARGUMENT REQUESTED

The Defendants request oral argument on their motion pursuant to Rule 4-501(3)(b) on the grounds that granting of this motion would dispose of the action on the merits and with prejudice.

Respectfully submitted this 20th day of August, 1996

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CAROL CLAWSON

Solicitor General

JAN GRAHAM

Utah Attorney General

Counsel for Defendants