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GREEN v. AMERICAN TOBACCO COMPANY

No. 19003.

304 F.2d 70 (1962)

Edwin GREEN, Jr., as Administrator of the Estate of Edwin Green, Deceased, and Mary Green, Appellants, v. AMERICAN TOBACCO COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

On Petition for Rehearing June 20, 1962.

Attorney(s) appearing for the Case

Lawrence V. Hastings, Neal P. Rutledge, Miami, Fla., for appellants.

Samuel A. Brodnax, Jr., Hervey Yancey, Miami, Fla., Ralph D. Ray, New York City, for appellee.

Before RIVES, CAMERON and BELL, Circuit Judges.

RIVES, Circuit Judge.

Edwin Green, Sr., brought suit against American Tobacco Company in December 1957, claiming that he had incurred lung cancer as a result of smoking defendant's product, Lucky Strike cigarettes. A few months later, on February 25, 1958, Mr. Green died. Under the Florida Survival Statute,1 the claim survived, and Mr. Green's son, Edwin Green, Jr., appointed administrator of his estate, was substituted as plaintiff...

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