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DOERNER v. SWISHER INTERN., INC.

No. 00-4312.

272 F.3d 928 (2001)

Norma DOERNER, Plaintiff-Appellant, v. SWISHER INTERNATIONAL, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 28, 2001.

Attorney(s) appearing for the Case

E. Dean Singleton (argued), Owensville, IN, for Plaintiff-Appellant.

Jeffrey W. Ahlers (argued), Kahn, Dees, Donovan & Kahn, Evansville, IN, for Defendant-Appellee.

Before COFFEY, KANNE, and EVANS, Circuit Judges.

COFFEY, Circuit Judge.

Norma Doerner (Doerner) attempted to jump on the tobacco-litigation bandwagon with a novel, though meritless, claim. According to Doerner, her ex-husband, Elmer Doerner, smoked Swisher International's "Sweet Perfecto" brand of cigars compulsively, averaging four cigars per day from the late 1960s until 1995 when he was diagnosed with cancer of the tongue. After Doerner's ex-husband died at age 70 in 1997, six years after their 1991 divorce...

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