San Juanita SANCHEZ; Reyes H. Sanchez, Individuals Heirs at Law, Statutory Beneficiaries, and Legal Representatives of and on behalf of the Estate of Reyes R. Sanchez, Deceased, Plaintiffs-Appellants,
v.
LIGGETT & MYERS, INCORPORATED; et al., Defendants,
Liggett & Myers, Incorporated; Brooke Group, Limited; Liggett Group, Incorporated; Brown & Williamson Tobacco Corporation, Individually and as Successor by merger to the American Tobacco Company; British American Tobacco Company, Limited; Batus Holdings, Incorporated; Philip Morris, Incorporated; R.J. Reynolds Tobacco Company; Lorillard Tobacco Company; United States Tobacco Company; Hill & Knowlton, Incorporated; The Council for Tobacco Research USA, Incorporated, Individually and as successor to the Tobacco Industry Research Committee; The Tobacco Institute, Incorporated; Shook, Hardy & Bacon, P.C., Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
August 25, 1999.
Rehearing and Rehearing Denied September 21, 1999.
Attorney(s) appearing for the Case
John Gsanger, Edwards, Terry & Edwards, William R. Edwards, Patricia Shackelford, Perry & Haas, Corpus Christi, TX, Michael Greg Guajardo, Dallas, TX, for Plaintiffs-Appellants.
Ellen Beth Malow, Kasowitz, Benson, Torres & Friedman, Houston, TX, for Liggett & Myers, Inc., Brooke Group, Ltd. and Liggett Group, Inc.
Paul E. Stallings, Kathleen A. Gallagher, Vinson & Elkins, Houston, TX, for Brown & Williamson Tobacco Corp. and Batus Holdings, Inc.
Stephen Edward Scheve, Shook, Hardy & Bacon, Houston, TX, Darrell L. Barger, Barger & Moss, Corpus Christi, TX, for Philip Morris Inc.
Steven Richard Selsberg, Alexander Christos Papandreou, Shook, Hardy & Bacon, Houston, TX, for Lorillard Tobacco Co.
Tom Lockhart, Roger W. Hughes, Adams & Graham, Harlingen, TX, for Unites States Tobacco Co.
Winferd L. Dunn, Jr., Dunn, Nutter, Morgan & Shaw, Texarkana, AR, for Hill & Knowlton, Inc.
William Key Wilde, Mark E. Lowes, Bracewell & Patterson, Houston, TX, for Council for Tobacco Research USA, Inc.
Lea F. Courington, Scott William MacLaren, Gwinn & Roby, Dallas, TX, for The Tobacco Institute, Inc.
Richard Hackney Wiegmann, Williams & Connolly, Washington, DC, for Shook, Hardy & Bacon, P.C.
Before EMILIO M. GARZA, DeMOSS and PARKER, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
Rehearing and Rehearing En Banc Denied September 21, 1999.
DeMOSS, Circuit Judge:
Reyes R. Sanchez began smoking in or around 1957, at the age of ten. Over the course of his life he smoked several different brands of cigarettes. In 1995, Sanchez was diagnosed with throat cancer. He died in 1996. The plaintiffs in this case, referred to herein as "Sanchez Family," are Sanchez's estate, surviving spouse, and heirs or statutory beneficiaries at law. The defendants...
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