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HUDSON v. R. J. REYNOLDS TOBACCO COMPANY

No. 28175.

427 F.2d 541 (1970)

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

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied July 14, 1970.

Attorney(s) appearing for the Case

H. Alva Brumfield, New Orleans, La., Brumfield & Brumfield, Sylvia Roberts, Baton Rouge, La., Melvin M. Belli, San Francisco, Cal., for plaintiff-appellant.

Chaffe, McCall, Phillips, Burke, Toler & Sarpy, Harry McCall, Jr., New Orleans, La., for defendant-appellee; David R. Hardy, Kansas City, Mo., of counsel.

Before JOHN R. BROWN, Chief Judge, and AINSWORTH and GODBOLD, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied July 14, 1970.

PER CURIAM.

This is a diversity action for damages brought against R. J. Reynolds Tobacco Co. in which it was alleged that the decedent, Hudson, contracted cancer of the larynx and lungs as a result of smoking Defendant's cigarettes.1 Recognizing Lartigue v. R. J. Reynolds Tobacco Co., 5 Cir., 1963, 317 F.2d 19, cert. denied, 375 U.S...

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