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OCR Page 1 of 58PRIVILEGED AND CONFIDENTIAL
ATTORNEY-CLIENT COMMUNICATION
Draft For Settlement Discussion Purposes Only
- 129 - -
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of funds under section of this Act [provision governing grants to States of
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Trust Fund moneys] has satisfied the requirements of this section, and no State
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shall receive such payment without such certification.
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(c)
No tobacco claim otherwise maintainable under section 433(b) of
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this Act shall be maintained--
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(1) in any court under the law of a State that does not have in
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effect a law described in paragraph (1) of subsection (a) of this section;
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or
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(2) under the law of any State in the courts of a State that does
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not have in effect a law described in paragraph (1) of subsection (a) of
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this section.
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Unless and until a State has in effect a law described in paragraph (1) of
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subsection (a) of this section, any tobacco claim otherwise maintainable under
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section 433(b) of this Act that is asserted under the law of or in the courts of such
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State shall be deemed to arise under this section and shall be subject to the
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provisions of this subtitle, and the substantive rules of decision for such claim
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shall otherwise be derived from the law of the State that would have been
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applicable but for the operation of this subsection.
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