A JUDGE yesterday refused to decertify class action status in a second hand smoke lawsuit by airline flight attendants against the tobacco industry, allowing jury selection to begin in the landmark case.

Judge Robert Kaye also refused the tobacco companies' motion to deny the flight attendants' request for punitive damages in the class action lawsuit. The judge also denied the industry's request for a summary judgment on allegations that tobacco companies committed fraud and conspiracy.

The judge, who had expressed concern about losing too many jurors during a trial expected to last several weeks, ordered 18 chairs be made ready for what was expected to be a panel of six jurors and 12 alternates.