** FILE ** State Supreme Court Justice Steven Zinter, shown in this file photo taken Oct. 8, 2003, at Yankton, S.D., sided with the high court majority on Thursday, Jan. 8, 2004, in a case involving worker's compensation. The justices ruled that Jennifer Cantalope is entitled to benefits for a severe asthma attack caused by cigar smoking in a bar where she was working. The case was argued in front of the court at Yankton in October. (AP Photo/Joe Kafka, File)