Rehearing En Banc Granted March 25, 1968.
COLEMAN, Circuit Judge:
This is an appeal from a jury verdict and judgment for the defendant in the second trial of a suit on implied warranty, grounded on a prior jury finding in the same case that plaintiff's decedent died of cancer and that smoking cigarettes was a cause thereof. For the second time, we reverse and remand for a new trial.
Nearly ten years ago, in December, 1957, Edwin Green, Sr. brought...
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