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FORSTER v. R.J. REYNOLDS TOBACCO CO.

No. C1-87-2170.

437 N.W.2d 655 (1989)

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

Supreme Court of Minnesota.

April 14, 1989.

Attorney(s) appearing for the Case

James S. Simonson, Minneapolis, and John L. Strauch, William T. Plesac, Cleveland, Ohio, for R.J. Reynolds Tobacco Co.

Mark A. Gwin, Minneapolis, for Erickson Petroleum Corp.

Michael L. Weiner, Minneapolis, for John Forster, et al.

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

Michael V. Ciresi, Roberta B. Walburn, Minneapolis, amicus curiae, for Minnesota Trial Lawyers Ass'n.

Hubert H. Humphrey, III, Atty. Gen., Peter M. Ackerberg, Sp. Asst. Atty. Gen., St. Paul, amicus curiae, for State.

Heard, considered, and decided by the court en banc.

SIMONETT, Justice.

The trial court ruled that plaintiffs' suit claiming cancer from cigarette smoking was barred by federal preemption. The court of appeals reversed. We affirm in part and reverse in part.

Plaintiff John Forster has sued defendant R.J. Reynolds Tobacco Company and Erickson Petroleum Corporation, d.b.a. Holiday Station Stores, Inc., claiming he contracted terminal cancer from smoking Camel cigarettes for 30 years. Mr. Forster alleges he began...

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