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MAGNUS v. FORTUNE BRANDS, INC.

No. 98 cv 3441.

41 F.Supp.2d 217 (1999)

Andrea MAGNUS, Alan Magnus, Charlotte Leavitt as the Administratix of the Estate of Frieda Chase, and Charlotte Leavitt individually, Plaintiffs, v. FORTUNE BRANDS, INC., f/k/a American Brands, Inc., The American Tobacco Company, Philip Morris Incorporated, Philip Morris Companies, Inc., Liggett Group, Inc., n/k/a Brooke Group, Ltd., Liggett & Myers Tobacco Company, Brown & Williamson Tobacco Corporation, Brown & Williamson Industries, Inc., individually and as successor by merger of Fortune Brands, Inc., f/k/a American Brands, Inc; and The American Tobacco Company; The tobacco Institute, Inc. and The Council for Tobacco Research-USA, Inc., Defendants.

United States District Court, E.D. New York.

March 18, 1999.

Attorney(s) appearing for the Case

Law Offices of Sybil Shainwald, New York City, for plaintiffs.

Chadbourne & Parke, New York City, for defendants Fortune Brands, Inc., Brown & Williamson Industries, Inc., Brown & Williamson Tobacco Corp.

Winston & Strawn, New York City, for defendants Philip Morris, Inc., Philip Morris Companies, Inc.

Debevoise & Plimpton, New York City, for defendant Counsel for Tobacco Research.

Seward & Kissel, New York City, for defendant The Tobacco Institute, Inc.

Kasowitz, Benson, Torres & Friedman, New York City, for defendants Liggett Group, Inc., Liggett & Myers Tobacco Co.

Memorandum and Order

GERSHON, District Judge.

Plaintiffs Andrea Magnus ("Magnus"), Alan Magnus and Charlotte Leavitt individually and as the administratrix of the estate of Frieda Chase ("Chase") bring an action against cigarette manufacturers, their current or former parent holding companies and two industry-related associations to recover damages for personal injuries allegedly suffered as a result of smoking cigarettes. Magnus suffers from cancer...

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