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BOERNER v. BROWN & WILLIAMSON TOBACCO CO.

No. LR-C-98-427.

121 F.Supp.2d 1252 (2000)

Henry W. BOERNER, Individually and as Administrator of the Estate of Mary Jane Boerner, Deceased, Plaintiff, v. BROWN & WILLIAMSON TOBACCO COMPANY, Defendant.

United States District Court, E.D. Arkansas, Western Division.

February 25, 2000.

Attorney(s) appearing for the Case

Gary L. Eubanks, William Gary Holt, James Gerard Schulze, Gary Eubanks & Associates, Little Rock, AR, Norwood Sherman Wilner, Stephanie J. Franda Hartley, Spohrer Wilner Maxwell & Matthews, Jacksonville, FL, for plaintiffs.

Kevin A. Crass, Jonann Coniglio Fleischauer, Friday, Eldredge & Clark, Little Rock, AR, Frank C. Woodside, III, Michael J. Suffern, Dinsmore & Shohl, Cincinnati, OH, Bruce G. Sheffler, Gregory Loss, Thomas Riley, Joseph G. Falcone, Chadbourne & Parke, LLP, New York City, for defendant.

OPINION AND ORDER

MOODY, District Judge.

Procedural History

This suit was initiated by a complaint filed on June 19, 1998 by Henry W. Boerner and Mary Jane Boerner, husband and wife, against Brown & Williamson Tobacco Company. The complaint sought money damages for injuries sustained by Mary Jane Boerner caused by smoking defendant's cigarettes over a period of thirty-six years. Plaintiffs asserted theories of strict liability...

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