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PRITCHARD v. LIGGETT & MYERS TOBACCO COMPANY

No. 14802.

350 F.2d 479 (1965)

Anita PRITCHARD, Administratrix of the Estate of Otto E. Pritchard, Deceased, Appellant, v. LIGGETT & MYERS TOBACCO COMPANY, a Corporation, Appellee.

United States Court of Appeals Third Circuit.

Decided July 26, 1965.

Attorney(s) appearing for the Case

James E. McLaughlin, McArdle, Harrington, Feeney & McLaughlin, Pittsburgh, Pa. (James P. McArdle, Pittsburgh, Pa., on the brief), for appellant.

William H. Eckert, Eckert, Seamans & Cherin, Pittsburgh, Pa. (John H. Morgan, William B. Mallin, C. Arthur Wilson, Jr., Pittsburgh, Pa., Bethuel M. Webster, Frederick P. Haas, Webster, Sheffield, Fleischmann, Hitchcock & Chrystie, New York City, on the brief), for appellee.

Before GANEY, SMITH and FREEDMAN, Circuit Judges.

WILLIAM F. SMITH, Circuit Judge.

The plaintiff brought this action for personal injury alleging that he contracted lung cancer as a result of having smoked Chesterfield cigarettes for many years. The claims for relief, stated in separate counts of the complaint, alleged negligence and breach of warranty as the bases of liability. The defendant, admittedly the manufacturer of the cigarettes, denied the allegations of the complaint and pleaded assumption of risk as...

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