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GREENE v. BROWN & WILLIAMSON TOBACCO CORP.

No. 99-2246 M1/A.

72 F.Supp.2d 882 (1999)

Sandra GREENE, Plaintiff, v. BROWN & WILLIAMSON TOBACCO CORP., et al., Defendants.

United States District Court, W.D. Tennessee, Western Division.

November 15, 1999.

Attorney(s) appearing for the Case

Curtis D. Johnson, Jr., Johnson & Settle, Memphis, TN, for Sandra Greene, plaintiff.

Lee J. Chase, III, Glankler Brown Gilliland Chase Robinson & Raines, Memphis, TN, Charles S. Cassis, Andrew J. Horne, Brown Todd & Heyburn, PPLC, Louisville, KY, for Brown and Williamson Tobacco Corporation, defendant.

Daniel Frederick Peel, Albert C. Harvey, Thomason Hendrix Harvey Johnson & Mitchell, Memphis, TN, Wade R. Wright, Gregory R. Hanthorn, Jones Day Reavis & Pogue, Atlanta, GA, for R.J. Reynolds Tobacco Company, defendant.

Jill M. Steinberg, Leo Maurice Bearman, Jr., Baker Donelson Bearman & Caldwell, Memphis, TN, Andrew D. Carpenter, Mark Dover, William L. Allinder, Shook Hardy & Bacon, Kansas City, MO, for Lorillard Tobacco Company, Inc., Lorillard, Inc., defendants.

Jimmy Moore, Memphis, TN, for Jimmy Moore, miscellaneous.

James Allen, U.S. Magistrate Judge, Memphis, TN, for James Allen, miscellaneous.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS

McCALLA, District Judge.

This case is before the Court on Defendants' Motion To Dismiss for Failure to State a Claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure.1 Defendants assert four defects in Plaintiff's pleading: (1) that Plaintiff's claims are barred by Tennessee's statute of repose; (2) that Plaintiff's failure to warn claims are...

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