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TUTTLE v. LORILLARD TOBACCO CO.

No. 03-1865.

377 F.3d 917 (2004)

Gloria TUTTLE, as Trustee for the next-of-kin of Bill Tuttle a.k.a. William R. Tuttle, deceased, Appellant, v. LORILLARD TOBACCO COMPANY; National Tobacco Company, L.P.; The Pinkerton Tobacco Company; Smokeless Tobacco Council, Appellees, Minnesota Trial Lawyers Association, Amicus on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 30, 2004.

Rehearing Denied September 24, 2004.

Attorney(s) appearing for the Case

Vincent J. Moccio, argued, Minneapolis, MN (Martha K. Wivell, on the brief), for appellant.

Eric John Magnuson, argued, Minneapolis, MN (Michael R. Docherty and Roger C. Geary, on the brief), for appellee Lorillard Tobacco Co.

David F. Herr, argued, Minneapolis, MN (Geoffrey P. Jarpe, Laurie A. Kindel, Chester J. Wrobleski, and Barry S. Schaevitz, on the brief), for appellee Smokeless Tobacco Council.

Lawrence R. King, argued, St. Paul, MN (James V. Kearney, on the brief), for appellee Pinkerton Tobacco Co.

Before MORRIS SHEPPARD ARNOLD, HANSEN, and RILEY, Circuit Judges.

RILEY, Circuit Judge.

As a young professional baseball player Bill Tuttle (Tuttle) began chewing smokeless tobacco in 1955, and continued chewing regularly until 1993. His product of choice was Beech-Nut, which was manufactured by Lorillard Tobacco Company and later acquired in 1988 by National Tobacco Company. In October 1993, Tuttle was diagnosed with oral cancer, and he later died in July 1998 from related complications. On September 21, 1999, Tuttle's widow, Gloria...

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