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STEWART v. PHILIP MORRIS, INC.

No. 98-3661.

205 F.3d 1054 (2000)

Linda Faye STEWART; William Stewart, Plaintiffs-Appellants, v. PHILIP MORRIS, INC., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 7, 2000.

Attorney(s) appearing for the Case

Russell B. Winburn, Fayetteville, Arkansas, argued, for Plaintiffs-Appellants.

Steven R. Selsberg, Houston, Texas, argued (Stephen E. Scheve, Mary Katherine Brink, R.T. Beard III, and Gregory L. Fowler, on the brief), for Defendant-Appellee.

Before RICHARD S. ARNOLD, BEAM, and LOKEN, Circuit Judges.

PER CURIAM.

Linda Faye Stewart and her husband, William Stewart, commenced this diversity action against Philip Morris, Inc., alleging that Linda Stewart developed lung cancer because of the absence of adequate health warnings on Marlboro cigarette packaging. The district court1 granted summary judgment dismissing the Stewarts' tort claims, concluding all their claims are time-barred by the applicable three-year statute of limitations...

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