BROWN v. R.J. REYNOLDS TOBACCO CO.

No. 94-30263.

52 F.3d 524 (1995)

Carl O. BROWN, Jr., Plaintiff-Appellant, v. R.J. REYNOLDS TOBACCO COMPANY, et al., Defendants, R.J. Reynolds Tobacco Company, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 9, 1995.


Attorney(s) appearing for the Case

James L. Piker, George R. Covert, Baton Rouge, LA, for Brown.

Jennifer Hahn, Andrews Publications, Westtown, PA, for interested party.

Charles L. Chassaignac, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, Robert C. Weber, Theodore M. Grossman, Jones, Day, Reavis & Pogue, Cleveland, OH, for R.J. Reynolds Tobacco Co.

Steven W. Copley, John M. McCollam, Gordon, Arata, McCollam & Duplantis, Charles F. Gay, Jr., Adams & Reese, New Orleans, LA, Gary R. Long, James A. Wilson, Shook, Hardy & Bacon, Kansas City, MO, for Lorrilard, Inc. & Phillip Tobacco Co.

John Jerome Weigel, Jones, Walker, Waechter, Poitevent, Carrère & Denègre, New Orleans, LA, James V. Kearney, Mudge, Rose, Guthrie, Alexander & Ferdon, New York City, for Liggett Group, Inc.

Before HIGGINBOTHAM, SMITH and STEWART, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Carl Brown filed this products liability suit against various cigarette manufacturers, claiming they were responsible for his throat cancer. The district court granted summary judgment in favor of the cigarette manufacturers and Brown appeals. This case turns on whether its merit is to be measured by the Louisiana Products Liability Act effective September 1, 1988, or Louisiana tort law in place before that date. We find that...

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