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PRADO ALVAREZ v. R.J. REYNOLDS TOBACCO CO., INC

No. 04-1695.

405 F.3d 36 (2005)

Virginia PRADO ALVAREZ; Mayra Janette Garcia Prado; Edgardo Garcia Prado; Orlando Garcia Prado; Ivellise Garcia Prado; Francisco Garcia Prado; Javier Garcia Prado; Carmen Rosa Adorno; Joham Garcia Adorno, Plaintiffs, Appellants, v. R.J. REYNOLDS TOBACCO COMPANY, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided April 21, 2005.

Attorney(s) appearing for the Case

Herbert Muriel with whom Amarilys Arocho-Maldonado was on brief for appellants.

Robert H. Klonoff with whom Paul R. Reichert, Jones Day, Salvador Antonetti Zequeira, Luis A. Oliver, Rosalie Irizarry Silvestri, and Fiddler, Gonzalez & Rodriguez, P.S.C. were on brief for appellee.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and LIPEZ, Circuit Judge.

COFFIN, Senior Circuit Judge.

Francisco Garcia Lopez began smoking in 1960, at age 25, and continued the habit for the next 42 years, ultimately smoking three packs of Winston cigarettes each day. He died in October 2002, three months after being diagnosed with lung cancer. His surviving family members brought this diversity action against the cigarette manufacturer, R.J. Reynolds Tobacco Co., claiming that smoking was a substantial factor in his illness and death...

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