WITHERSPOON v. PHILIP MORRIS INC.

Civil Action No. 96-02322.

964 F.Supp. 455 (1997)

Jesse WITHERSPOON, Jr., Individually and as Personal Representative of the Estate of his wife, Julie Anne Witherspoon, Plaintiff, v. PHILIP MORRIS INCORPORATED, Defendant.

United States District Court, District of Columbia.

May 2, 1997.


Attorney(s) appearing for the Case

George A. Teitelbaum, Washington, DC, for Plaintiff.

James K. Archibald, Vanable, Baetjer, Howard & Civiletti, Washington, DC, for Defendant.


MEMORANDUM

JUNE L. GREEN, District Judge.

Before the Court are Defendant's Motion to Dismiss Counts I through III and V through IX of Plaintiffs' Complaint with prejudice for failure to state a claim and Motion to Strike portions of Plaintiffs' Complaint. For the reasons stated below, the motion to dismiss is granted for Counts II, III, VI and IX. Plaintiff is granted leave to amend Counts I and V to plead satisfactorily fraud by nondisclosure and...

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