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Republic of Venezuela v. Phillip Morris Inc.

Court of appeals lacked appellate jurisdiction over tobacco companies' appeal of district court orders remanding foreign countries' suits to state court for lack of subject matter jurisdiction; tobacco companies similarly offered no grounds for writ of mandamus prohibiting district court from remanding actions that remained pending in federal court.

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Argued October 16, 2001

Separate concurring opinion filed by Senior Circuit Judge Williams.

The district court issued orders remanding to a Florida state court four lawsuits filed by foreign states against tobacco companies based in the United States. The companies ask that we reverse the orders of the district court and that we issue a writ of mandamus to prevent the court from ordering the remand of similar lawsuits still pending before it. We hold that we are without appellate jurisdiction to review the orders the district court already has issued and that we have no warrant to prohibit the district court from remanding to state court those cases upon which it has not yet acted.

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