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FORSTER v. R.J. REYNOLDS TOBACCO CO.

No. C1-87-2170.

423 N.W.2d 691 (1988)

John FORSTER, et al., Appellants, v. R.J. REYNOLDS TOBACCO COMPANY, Erickson Petroleum Corporation, d.b.a. Holiday Station Stores, Inc., Respondents.

Court of Appeals of Minnesota.

Review Granted June 29, 1988.

Attorney(s) appearing for the Case

Michael L. Weiner, Richard G. Hunegs, DeParcq, Hunegs, Stone, Koenig & Reid, P.A., Minneapolis, for John Forster, et al.

James S. Simonson, William L. Killion, David M. Coyne, Gray, Plant, Mooty, Mooty, & Bennett, P.A., Minneapolis, John L. Strauch, William T. Plesec, Jones, Day, Reavis & Pogue, Cleveland, Ohio, for R.J. Reynolds Tobacco Co.

Mark A. Gwin, Katherine A. McBride, Cousineau, McGuire, Shaughnessy & Anderson, Minneapolis, for Erickson Petroleum Corp., d.b.a. Holiday Station Stores, Inc.

Alan B. Morrison, Public Citizen Litigation Group, Washington, D.C., amicus curiae American Cancer Society, et al.

Michael V. Ciresi, Robert B. Walburn, Robins, Zelle, Larson & Kaplan, Minneapolis, amicus curiae Minnesota Trial Lawyers Assn.

Heard, considered, and decided by KALITOWSKI, P.J., and RANDALL and CRIPPEN, JJ.

OPINION

KALITOWSKI, Judge.

Appeal arises from the trial court's order granting respondents' motion for summary judgment on the grounds that appellants' claims are preempted by the Federal Cigarette Labeling and Advertising Act.

FACTS

John Forster (now deceased) and Ann Forster are appellants in this action against respondents R.J. Reynolds Tobacco Company (Reynolds), manufacturers of Camel cigarettes and Erickson Petroleum Corporation d...

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