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KEMP v. ARMSTRONG WORLD INDUSTRIES

No. 2002 CA 1293.

855 So.2d 774 (2003)

Maurice C. KEMP and Wendy B. Kemp v. ARMSTRONG WORLD INDUSTRIES, et al.

Court of Appeals of Louisiana, First Circuit.

Rehearing Denied October 29, 2003.

Attorney(s) appearing for the Case

George R. Covert, Baton Rouge, Richard M. Perles, New Orleans, Counsel for Plaintiffs/Appellants Wendy B. Kemp, Johnny Lee Kemp Jesse K. Kemp, and Jalacee O. Kemp.

Michael R. Sistrunk, Metairie, Counsel for Defendant/Appellee W.R. Grace & Company-Conn.

John J. Hainkel, III, New Orleans, for Owens Corning.

Henry D. Salassi, Jr., Baton Rouge, Marilyn R. Forbes, Raleigh, NC, for R.J. Reynolds Tobacco Co.

Larry G. Canada, New Orleans, for Combustion Engineering, Inc.

John D. Cosmick, Laura Sanders Brown, Jackson, MS, for Owens-Illinois, Inc.

Susan B. Kohn, New Orleans, for McCarty Corporation.

Patrick D. McMurtray, Troy Broussard, New Orleans, for A.P. Green Industries, Inc.

Donan Renegar, Lafayette, for GAF Corporation.

Patrick A. Juneau, Lafayette, Billy R. Randles, Noel C. Capps, Beverly T. Brown, Kansas City, MO, for Philip Morris Incorporated.

Before: McDONALD, McCLENDON, and CIACCIO, JJ.

McDONALD, J.

Plaintiffs appeal the trial court's granting of partial summary judgment in favor of defendant tobacco company, limiting their claims to those governed by the Louisiana Product Liability Act. We affirm.

FACTS AND PROCEDURAL BACKGROUND

Maurice Kemp was diagnosed in November 1997 with adenocarcinoma. At the time he was 46 years old, had been smoking since age 14, and had worked for many years in chemical plants where he was allegedly exposed...

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