COOPER v. R. J. REYNOLDS TOBACCO CO.

No. 5074.

234 F.2d 170 (1956)

Eva COOPER, Administratrix, Plaintiff, Appellant, v. R. J. REYNOLDS TOBACCO COMPANY, Defendant, Appellee.

United States Court of Appeals First Circuit.

May 24, 1956.


Attorney(s) appearing for the Case

Marvin A. Stern, Boston, Mass., Samuel Stern, Boston, Mass., on the brief, for appellant.

John L. Hall, Boston, Mass., Stuart C. Rand, Brinley Hall, Rhodes G. Lockwood, and Choate, Hall & Stewart, Boston, Mass., on the brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.


HARTIGAN, Circuit Judge.

This is an appeal from a judgment entered November 10, 1955, in the United States District Court for the District of Massachusetts dismissing plaintiff's substitute complaint with costs to the defendant.

In this action the plaintiff, Eva Cooper, administratrix of the estate of her late husband, Joseph Cooper, sought damages for his pain, suffering and death. Cooper was alleged to have died from lung cancer caused by smoking a certain...

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