The judge presiding over Minnesota's tobacco trial today gave jury instructions that tobacco companies say are grounds for appeal. The case is rapidly winding to a close, despite continuing rumors of an out-of-court settlement. Minnesota Public Radio's Laura McCallum reports... Judge Kenneth Fitzpatrick's instructions to the jury should come as no surprise - they're consistent with his previous rulings. He told jurors when considering damages, they shouldn't take into account any of the state's revenues from cigarette excise taxes. He said they shouldn't consider whether smokers had other risky habits that might have raised health care costs, and said tobacco companies can't use as a defense what individ