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ALLGOOD v. R.J. REYNOLDS TOBACCO CO.

No. 95-20363.

80 F.3d 168 (1996)

Mrs. Samuel E. ALLGOOD, Individually and as Independent Executrix of the Estate of Samuel E. Allgood, Marcus Allgood, and Malcolm Allgood, Plaintiffs-Appellants, v. R.J. REYNOLDS TOBACCO COMPANY, the American Tobacco Company, the Tobacco Institute, Inc., and the Council for Tobacco Research-U.S.A., Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 16, 1996.

Attorney(s) appearing for the Case

Alden D. Holford, Houston, TX, for plaintiff and plaintiffs-appellants.

Richard H. Caldwell, Mayor, Day, Caldwell & Keeton, Houston, TX, for R.J. Reynolds Tobacco Co.

Sam W. Cruse, Jr., Cruse, Scott, Henderson & Allen, Houston, TX, for American Tobacco Co.

Lea F. Courington, Scott William MacLaren, Gwinn & Roby, Dallas, TX, for Tobacco Institute, Inc.

William Key Wilde, Mark E. Lowes, Bracewell & Patterson, Houston, TX, Steven Klugman, Debevoise & Plimpton, New York City, for Council for Tobacco Research-U.S.A., Inc.

Before POLITZ, Chief Judge, and GOODWIN and DUHÉ, Circuit Judges.

GOODWIN, Circuit Judge:

Samuel Allgood, a lifetime smoker, died from complications relating to throat cancer in January of 1989. His family appeals a summary judgement on all claims in their action against defendants R.J. Reynolds Tobacco Company (Reynolds); The American Tobacco Company (AT); The Tobacco Institute, Inc. (TI); and The Council for Tobacco Research-U.S.A., Inc. (CTR). We affirm.

Plaintiffs claimed that...

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