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SPAIN v. BROWN & WILLIAMSON TOBACCO CORP.

No. 99-15021.

230 F.3d 1300 (2000)

Paul L. SPAIN as Administrator for the Estate of Carolyn Watts Spain, Deceased, Plaintiff-Appellant, v. BROWN & WILLIAMSON TOBACCO CORPORATION, Philip Morris, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 18, 2000.

Attorney(s) appearing for the Case

M. Clay Ragsdale, IV, Birmingham, AL, for Plaintiff-Appellant.

H. Thomas Wells, Jr., Maynard, Cooper & Gale, P.C., Samuel H. Franklin, William H. Brooks, Lightfoot, Franklin & White, LLC, Vernon L. Wells, II, Randall D. Quarles, Watson, Wells, Anderson & Bains, LLP, Birmingham, AL, Peter M. Henk, Stephen E. Scheve, Steven R. Selsberg, Shook, Hardy & Bacon, L.L.P., Houston, TX, Gordon A. Smith, W. Randall Bassett, King & Spalding, Atlanta, GA, Paul D. Koethe, Steven N. Geise, Richard G. Stuhan, Jones, Day, Reavis & Pogue, Cleveland, OH, for Defendants-Appellees.

Before CARNES, MARCUS and FARRIS, Circuit Judges.

CARNES, Circuit Judge:

This is a cigarette product liability case initially brought in the Alabama state courts by Paul Spain, as administrator of the estate of Carolyn Spain, against Phillip Morris, Inc., R.J. Reynolds Tobacco Company, and Brown & Williamson Tobacco Corporation, seeking recovery under the Alabama wrongful death statute. After removing the case to federal court on diversity grounds, the defendants filed a motion to dismiss under Federal Rule of...

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