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TILLMAN v. R.J. REYNOLDS TOBACCO

No. 00-10963.

253 F.3d 1302 (2001)

Brenda D. TILLMAN, as Executrix under the Last Will and Testament of Kalen Oliver Tillman, Deceased, Plaintiff-Appellant, v. R.J. REYNOLDS TOBACCO, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Decided June 13, 2001.

Attorney(s) appearing for the Case

Ross Diamond, III, Diamond, Hasser & Frost, Mobile, AL, for Plaintiff-Appellant.

Frederick G. Helmsing, Joseph P. Babington, John Townsend Dukes, Helmsing, Sims & Leach, P.C., Mobile, AL, Thomas D. Schroeder, Womble, Carlyle, Sandridge & Rice, P.L.L.C., Winston-Salem, NC, Samuel H. Franklin, William H. Brooks, Lightfoot, Franklin, White & Lucas, Birmingham, AL, for Defendants-Appellees.

Before RONEY and HILL, Circuit Judges.

PER CURIAM:

The key to the appeal in this tobacco/cancer case challenging the diversity jurisdiction of the district court is whether the complaint states a cause of action under Alabama law against three resident retail distributors of cigarettes. The district court held it did not, dismissed the retailers as being fraudulently joined, and proceeded to summary judgment in favor of the defendant tobacco companies. Before considering the correctness of the decision...

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