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Smokers can’t use New York law to force tobacco giant Altria Group Inc. (MO)’s Philip Morris USA unit to pay for tests they claim would provide early detection of lung cancer, the state’s highest court ruled.

The New York Court of Appeals today said that the state doesn’t recognize a right to medical monitoring for smokers who aren’t yet sick. The suit was filed in 2006 by four smokers seeking court-ordered low-dose computed tomography, or CT, screening tests for Marlboro smokers over the age of 50 throughout the state.

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