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R. J. REYNOLDS TOBACCO COMPANY v. HUDSON

No. 18315.

314 F.2d 776 (1963)

R. J. REYNOLDS TOBACCO COMPANY, Appellant, v. Elbert Berry HUDSON, Appellee.

United States Court of Appeals Fifth Circuit.

March 14, 1963.

Attorney(s) appearing for the Case

Harry McCall, Jr., Chaffe, McCall, Phillips, Burke & Hopkins, New Orleans, La., for appellant.

H. Alva Brumfield, Baton Rouge, La., Melvin Belli, San Francisco, Cal., for appellee.

Before HUTCHESON, JONES, and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

The plaintiff, Elbert Hudson, sued R. J. Reynolds Tobacco Company for $250,000 damages, alleging that he had contracted cancer of the larynx and vocal cords "caused, precipitated, aggravated or contributed to" by the use of the defendant's tobacco products. Reynolds manufactures Prince Albert smoking tobacco and Camel cigarettes. The defendant filed a motion for summary judgment of dismissal on the ground that the undisputed facts showed that...

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