Texas eyes possible tobacco trial postponement

By CLAY ROBISON
Copyright 1997 Houston Chronicle Austin Bureau

AUSTIN Texas may agree to postpone its Sept. 29 trial against
the tobacco industry if necessary to give Congress and the White
House time to approve a landmark tobacco settlement, the attorney
general's office said Tuesday.

Attorney General Dan Morales on Friday said the state would
continue to prepare for trial despite the $368 billion settlement
of healthrelated claims between the tobacco industry and 40
states.

Morales spokesman Ron Dusek said Tuesday that, depending on how
quickly the federal government's approval process moves along,
the trial of Texas' $14 billion lawsuit, scheduled for federal
district court in Texarkana, could be delayed.

"Depending on what it looks like at that time, it may be a good
idea to get a (postponement) of our trial," Dusek said.

The Wall Street Journal reported Tuesday that both Texas and
Florida were discussing possible trial delays with the tobacco
industry.

Florida's lawsuit is scheduled to go to trial Aug. 4.

Mississippi, which had been set to begin trial July 7, already
has indicated it will postpone its case because of the agreement
announced last week.

Under the settlement, tobacco companies would restrict how they
market and sell cigarettes and pay the states for public health
care costs associated with smoking.

The Wall Street Journal article said Texas and Florida in
exchange for postponing their trials want cigarette makers to
guarantee some of the concessions outlined in the agreement. They
would include stronger warning labels on cigarette packages,
restrictions on minors' access to tobacco and restrictions on
advertising.

"There is no agreement like that or plan like that yet," Dusek
said.

"The attorneys may be talking about options, but they are
certainly not talking about any other type of settlement."

Chuck McDonald, a spokesman for the attorneys representing Philip
Morris in the Texas suit, said they were continuing to prepare
for a trial in Texarkana.