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VIENNA | Was it lit, or was it cold? The status of a cigar in Arnold Schwarzenegger’s mouth at an Austrian airport could decide whether or not he faces legal action.

Smoking at airports is banned in Austria, and an anti-smoking lobby said Tuesday it plans to launch a suit against the former California governor for puffing on a stogie after arriving in June at Salzburg Airport.

But officials suggest the affair will go up in smoke.

Salzburg municipal legal expert Josef Goldberger told state broadcaster ORF that the Austrian-born Schwarzenegger can ignore any requests from authorities to respond because the charge is not covered by treaties.

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