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Thursday, September 25, 1997

Morales argues against gag order

AUSTIN (AP) -- Texas Attorney General Dan Morales says a federal judge overseeing the state's $14 billion lawsuit against the tobacco industry shouldn't prohibit his office or tobacco representatives from talking about the case.

Morales on Wednesday filed a seven-page argument against a proposed gag order after U.S. District Judge David Folsom in Texarkana said he was considering it.

"This case involves questions of immense public interest, not only in Texas, but nationwide," Morales wrote in his plea to the court.

Morales said there is no reason for a pre-emptive effort to keep either side from saying anything that could unfairly affect the case.

"To the state's knowledge, there have been no incidents posing such a danger in the more than 17 months that the case has been pending," Morales said.

Lawyers for the tobacco industry were expected to file their written arguments Thursday. The judge has scheduled a hearing on the question for Tuesday.

Attorneys for the tobacco industry have said they believe Morales has made statements damaging to the trial. In a motion filed last week, tobacco attorneys asked Folsom to punish Morales for comparing their industry to murderers. They also asked that Morales not be allowed to address the jury in the case.

Morales filed the lawsuit in 1996, seeking to recoup state and federal money spent on medical treatments for Medicaid patients with smoking-related illnesses.

Formal jury selection begins Oct. 6.

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