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NERI v. R.J. REYNOLDS TOBACCO CO.

No. 5:98-CV-371(FJS/GJD).

185 F.Supp.2d 176 (2001)

John J. NERI; P. Lauren Neri; and Thomas Comer, Administrator CTA of the Estates of Rose Marie Neri and John E. Neri, Plaintiffs, v. R.J. REYNOLDS TOBACCO COMPANY, Defendant.

United States District Court, N.D. New York.

September 19, 2001.

Attorney(s) appearing for the Case

Wiggins & Mason, LLP, Ithaca, NY (Erin E. McKinley, Lorraine Moynihan Schmitt, of counsel), Office of Mannie Neri, Clay, NY (Mannie Neri, of counsel), for plaintiffs.

Jones, Day, Reavis & Pogue, Columbus, OH (Jeffrey J. Jones, Elizabeth P. Kessler, J. Todd Kennard, of counsel), Saperston & Day, P.C., Syracuse, NY (Diane M. Martin-Grande, of counsel), Coughlin & Gerhart, L.L.P., Binghamton, NY (Richard B. Long, of counsel), for defendant.

MEMORANDUM-DECISION AND ORDER

SCULLIN, Chief Judge.

I. INTRODUCTION

Plaintiffs John J. Neri ("John Jr.") and P. Lauren Neri,1 together with Rose Marie Neri, the Executor of the Estate of her husband John E. Neri ("John Sr."),2 commenced this action on February 2, 1998. They alleged the following causes of action on behalf of John Sr. and John Jr.: (1) intentional misrepresentation and fraud...

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