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STEPHEN v. AMERICAN BRANDS, INC.

No. 86-3740.

825 F.2d 312 (1987)

Verna STEPHEN, as personal representative of the Estate of Andrew Stephen, deceased, Plaintiff-Appellant, v. AMERICAN BRANDS, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 21, 1987.

Attorney(s) appearing for the Case

Daniel M. Soloway, McKenzie & Associates, James F. McKenzie, Pensacola, Fla., for plaintiff-appellant.

Atty. Gen. Condon, Jr., Emmanuel, Sheppard & Condon, Pensacola, Fla., for defendant-appellee.

Richard A. Daynard, Northeastern University School of Law, Boston, Mass., for amicus curiae Tobacco Products Liability Project.

Alan B. Morrison, Public Citizen Litigation Group, Washington, D.C., for amicus curiae American Lung Ass'n, American Cancer Society, American Heart Ass'n, American Public Health Ass'n, and Public Citizen.

Paul M. Bator, Kathryn A. Oberly, Mayer, Brown & Platt, Chicago, Ill., for amicus curiae Philip Morris, Inc., R.J. Reynolds Tobacco, Liggett Group, Inc., Brown & Williamson & Lorillard, Inc.

Before RONEY, Chief Judge, FAY, Circuit Judge, ATKINS, Senior District Judge.

PER CURIAM:

This is a diversity suit instituted by Verna Stephen, as personal representative of her deceased husband's estate, against American Brands, Inc., alleging that the defendant is liable for the death of her husband because, from 1930 through 1984, he smoked cigarettes manufactured by the defendant. The complaint specifically alleged, among other things, that defendant failed to provide Andrew Stephen with adequate...

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