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MITCHELL v. BROWN & WILLIAMSON TOBACCO CORP.

No. 01-10034.

294 F.3d 1309 (2002)

William MITCHELL, Plaintiff-Appellant, v. BROWN & WILLIAMSON TOBACCO CORPORATION, Liggett Group Incorporated, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 19, 2002.

Attorney(s) appearing for the Case

Paul David Brown, Mobile, AL, for Plaintiff-Appellant.

Archibald Thomas Reeves, IV, Edward S. Sledge, III, McDowell, Knight, Roedder & Sledge, L.L.C., Mobile, AL, William H. Brooks, Lightfoot, Franklin & White, James W. Davis, Galloway & Moss, LLC, Bruce F. Rogers, Bainbridge, Mims, Rogers & Smith, LLP, Birmingham, AL, W. Randall Bassett, King & Spalding, Atlanta, GA, Peter Sean Fruin, Maynard, Cooper & Gale, P.C., Montgomery, AL, Steven R. Selsberg, Shook, Hardy & Bacon, L.L.P., Houston, TX, for Defendants-Appellees.

Before WILSON, RONEY and ALARCÓN, Circuit Judges.

ALARCÓN, Circuit Judge:

William Mitchell, a federal prisoner, appeals from the dismissal without prejudice of his pro se action against five cigarette manufacturers. Mitchell filed this action in state court. The defendants removed the action to the district court because the parties were of diverse citizenship and Mitchell prayed for damages in excess of $75,000. The district court adopted the magistrate judge's recommendation...

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