R.J. Reynolds Tobacco Holdings Inc., Winston-Salem, N.C., did not...

R.J. Reynolds Tobacco Holdings Inc., Winston-Salem, N.C., did not request a re-hearing by a U.S. Appeals Court, which reinstated a lawsuit by participants against the company's 401(k) plan. Seth Moskowitz, a company spokesman, said the company also does not intend to appeal the case to the U.S. Supreme Court; instead, the company will "consider our options in the district court." Last month, the appeals court reversed an earlier ruling by the U.S. District Court for the Middle District of North Carolina that dismissed the suit by plan participants, who claimed that Reynolds violated its fiduciary duty by eliminating two Nabisco stock fund options after Reynolds' split from Nabisco. The Nabisco stock then rebounded sharply.