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BOERNER v. BROWN & WILLIAMSON TOBACCO CORP.

No. 00-1836.

260 F.3d 837 (2001)

Henry W. BOERNER, Individually and as Administrator of the Estate of Mary Jane Boerner, Deceased, Appellant, v. BROWN & WILLIAMSON TOBACCO CORPORATION, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 6, 2001.

Attorney(s) appearing for the Case

William Gary Holt, argued, Little Rock, AR (James Gerard Schulze, on the brief), for appellant.

Bruce T. Sheffler, argued, New York, NY (Joseph G. Falcone, New York, NY, Frank C. Woodside, III, Michael J. Suffern, Cincinnati, OH and Kevin A. Crass, Little Rock, AR, on the brief), for appellee.

Before: WOLLMAN, Chief Judge, BYE, Circuit Judge, and JONES, District Judge.

WOLLMAN, Chief Judge.

The district court granted summary judgment to Brown & Williamson Tobacco Company in this action arising from Mary Jane Boerner's development of and death from lung cancer. We affirm in part and reverse in part.

I.

Mary Jane Boerner (Mrs. Boerner) began smoking in 1945, at the age of fifteen. Pall Mall cigarettes, an unfiltered variety manufactured by the American Tobacco...

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