LARTIGUE v. R. J. REYNOLDS TOBACCO COMPANY

No. 18903.

317 F.2d 19 (1963)

Victoria St. Pierre LARTIGUE, Appellant, v. R. J. REYNOLDS TOBACCO COMPANY and Liggett and Myers Tobacco Company, Appellees.

United States Court of Appeals Fifth Circuit.

April 19, 1963.


Attorney(s) appearing for the Case

H. Alva Brumfield, Baton Rouge, La., Melvin M. Belli, Sr., San Francisco, Cal., Sylvia Roberts, Baton Rouge, La., for appellant.

Harry B. Kelleher, Harry McCall, Jr., New Orleans, La., Frederick P. Haas, Theodore Kiendl, Porter R. Chandler, Edwin J. Jacob, New York City, for appellees.

Before HUTCHESON, RIVES, and WISDOM, Circuit Judges.


WISDOM, Circuit Judge.

The Court's decision on this appeal turns on the nature and scope of a cigarette manufacturer's warranty of its product. The plaintiff's husband, Frank J. Lartigue, died of cancer. The complaint alleges that the cancer came from smoking the defendants' tobacco products, Picayune cigarettes and King Bee tobacco, manufactured by Liggett & Myers, and Camel cigarettes, manufactured by Reynolds.1 The plaintiff bases...

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