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HARRIS v. PHILIP MORRIS INC.

No. 00-40252.

232 F.3d 456 (2000)

Jo A. HARRIS; et al., Plaintiffs, Jo A. Harris; Francis Wayne O'Connor; Alfredo G. Quintanilla, Plaintiffs-Appellants, v. PHILIP MORRIS INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 16, 2000.

Attorney(s) appearing for the Case

Harold Kenneth Tummel (argued), David J. Lumber, Tummel & Casso, McAllen, TX, for Plaintiffs-Appellants.

Stephen Edward Scheve, Steven Richard Selsberg (argued), Peter M. Henk, Shook, Hardy & Bacon, Houston, TX, Darrell L. Barger, Barger & Hermansen, Corpus Christi, TX, for Defendant-Appellee.

Before DAVIS and EMILIO M. GARZA, Circuit Judges, and POGUE, District Judge.

EMILIO M. GARZA, Circuit Judge:

Jo A. Harris, et al. ("Plaintiffs") appeal the dismissal of their claims against Philip Morris Incorporated ("Philip Morris") for civil assault under Texas Penal Code § 22.01(a). The district court held that Texas Civil Practice and Remedies Code § 82.004(a) barred the Plaintiffs' claims. We affirm.

The Plaintiffs filed a diversity action alleging that they suffered physical and psychological harm from smoking...

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