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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA WINSTON-SALEM DIVISION FLUE-CURED TOBACCO COOPERATIVE ) STABILIZATION CORPORATION, } THE COUNCIL FOR BURLEY TOBACCO, ) INC., ) UNIVERSAL LEAF TOBACCO COMPANY, ) INCORPORATED, ) PHILIP MORRIS INCORPORATED, ) R.J. REYNOLDS TOBACCO COMPANY, ) and ) GALLINS VENDING COMPANY, ) ) Plaintiffs, ) v. ) 6:93CV00370 ) UNITED STATES ENVIRONMENTAL ) PROTECTION AGENCY, and ) CAROL BROWNER, Administrator, ) Environmental Protection ) Agency, ) ) Defendants. ) ORDER AND JUDGMENT OSTEEN, District Judge For the reasons set forth in the memorandum opinion entered contemporaneously herewith, IT IS ORDERED AND ADJUDGED that Plaintiffs' Motion for N O O ~ Partial Summary Judgment is granted [117]. W ns ca ~ P

IT IS FURTHER ORDERED AND ADJUDGED that Defendants' Cross Motion for Summary Judgment is denied [126]. The court vacates Chapters 1-6 of and the Appendices to EPA's Respiratory Health Effects of Passive Smokincr: Lung Cancer and Other Disorders, EPA/600/6-90/006F (December 1992). To ripen its judgment for purposes of appellate review, pursuant to Federal Rule of Civil Procedure 54(b), the court finds there is no just reason for delaying entry of judgment. IT IS FURTHER ORDERED AND ADJUDGED that Plaintiffs' Motion for Leave to File Supplement Pleading under Rule 15(d) is granted [120). This the _~ day 1998.