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GREEN v. AMERICAN TOBACCO COMPANY

No. 31960.

154 So.2d 169 (1963)

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

Supreme Court of Florida.

June 5, 1963.

Attorney(s) appearing for the Case

Neal Rutledge, Milledge, Rutledge & Milledge, Lawrence V. Hastings, Miami, Irma Feder, Miami Beach, for appellants.

Hervey Yancey, Samuel A. Brodnax, Jr., Smathers & Thompson, Miami, Ralph D. Ray, Melvin D. Goodman, Janet C. Brown, New York City, for appellee.

DREW, Justice.

Pursuant to statutory certification procedure1 the United States Court of Appeals for the Fifth Circuit has presented to this Court a question concerning implied warranty liability for lack of merchantability or fitness under Florida law, arising in an action for wrongful death consolidated with a suit instituted by the decedent Green prior to his death from lung cancer in 1958...

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