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HORTON v. AMERICAN TOBACCO CO.

No. 91-CA-00006-SCT.

667 So.2d 1289 (1995)

Ella Mae Howard HORTON and Nathan Randall Horton, Widow and Son of Nathan Henry Horton, Deceased, Individually and on Behalf of All Wrongful Death Beneficiaries and the Estate of the Deceased v. The AMERICAN TOBACCO COMPANY and New Deal Tobacco and Candy Company, Inc.

Supreme Court of Mississippi.

Rehearing Denied February 15, 1996.

Attorney(s) appearing for the Case

Charles Victor McTeer, McTeer & Associates, Greenville, Don Barrett, Barrett Law Office, Lexington, Frederick B. Clark, Greenwood, Shirley Byers, Greenville, for appellant.

James E. Upshaw, Upshaw Williams Biggers Page & Kruger, Lonnie D. Bailey, Upshaw Williams Firm, Greenwood, Edward Blackmon, Blackmon Blackmon & Evans, Canton, Shelby D. Goza, Hickman Sumners Goza & Gore, Oxford, Calvin R. King, Anna Maria, FL, Thomas E. Bezanson, Chadbourne & Parke, New York City, Mary T. Yelenick, Chadbourne & Parke, New York City, for appellee.

En Banc.

BANKS, Justice, for the Court:

This matter deals with the liability vel non of a tobacco product manufacturer and distributors with respect to the cancer contracted by the plaintiffs' decedent. The matter went to a jury which rendered a verdict for the plaintiffs but assessed zero damages. The plaintiffs appeal that result and the defendants cross-appeal asserting an entitlement to a directed verdict in its favor. A majority of this Court concludes that the...

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