Rehearing and Rehearing En Banc Denied August 4, 2000.
EVANS, Circuit Judge.
If there were such a thing as moral estoppel, the outcome of this appeal would be plain. For decades tobacco companies have assured the public that there is nothing to fear from cigarettes, yet they now slough off lawsuits like this one by professing that everybody knew all along that smoking was risky.
In taking this litigation stance, the cigarette makers either are suffering...
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