He said the action did not require a settlement plan.
The judge had to give an opinion on the fairness of the settlement plan.
The settlement plan is especially menacing because of its physical implications.
The Times's reporting then confirmed the main facts of the settlement plan.
Analysts have put the cost of the settlement plan with the 46 states at about 35 to 40 cents a pack.
He added that the initial settlement plan had heightened women's expectations.
The Settlement Plan as a whole had also been delayed.
"The choice is not between this settlement plan and some other magical or mythical solution," he said.
That appeal would be moot if she accepts the new settlement plan.
The recession of 1873 caused a few initial investors to withdraw from the settlement plans.
