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BOERNER v. BROWN & WILLIAMSON TOBACCO CO.

No. 03-3557.

394 F.3d 594 (2005)

Henry W. BOERNER, Individually and as Administrator of the Estate of Mary Jane Boerner, Deceased, Appellee, v. BROWN & WILLIAMSON TOBACCO COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 7, 2005.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Bruce G. Sheffler of New York, NY. Joseph G. Falcone of New York appeared on the brief. Kevin A. Crass of Little Rock, AR appeared on the brief.

Counsel who presented argument on behalf of the appellee was Norwood S. Wilner of Jacksonville, FL. Gregory H. Maxwell of Jacksonville appeared on the brief. William G. Holt of Little Rock, AR appeared on the brief.

Before WOLLMAN, HANSEN, and BYE, Circuit Judges.

WOLLMAN, Circuit Judge.

Brown & Williamson Tobacco Company (B & W) appeals from the judgment entered by the district court1 on the jury's verdict in favor of Henry W. Boerner (Boerner) on his design defect claim. We affirm, conditioned on Boerner's acceptance of the remittitur ordered on the punitive damages portion of the jury's award.

I.

Lung cancer was identified...

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