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CROCKETT v. R.J. REYNOLDS TOBACCO CO.

No. 04-41584.

436 F.3d 529 (2006)

Johnny CROCKETT, et al., Appellants, Johnny Crockett, Individually, and as Heirs to the Estate of Veronica Faye Crockett; Andra Kitchen, Individually, and as Heirs to the Estate of Veronica Faye Crockett; Robert Kitchen, Individually, and as Heirs to the Estate of Veronica Faye Crockett, Plaintiffs-Appellants, v. R.J. REYNOLDS TOBACCO COMPANY, et al., Defendants, R.J. Reynolds Tobacco Company; R.J.R. Nabisco, Inc.; Philip Morris USA Inc.; Philip Morris Companies, Inc.; Brown and Williamson Tobacco Corporation; Batus Tobacco Services, Inc.; B&W Japan, Inc.; H.E.B. Butt Grocery Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 13, 2006.

Attorney(s) appearing for the Case

Monica Celeste Vaughan (argued), Bradley Landon Leger, Houssiere, Durant & Houssiere, Houston, TX, for Plaintiffs-Appellants.

William Earl Marple, David Lawrence Horan, Jones Day, Dallas, TX, for R.J. Reynolds Tobacco Co.

Peter M. Henk (argued), Christopher P. Nease, Shook, Hardy & Bacon, Houston, TX, for RJR Nabisco Inc. and Philip Morris, USA.

John R. Strawn, Sam W. Cruse, Jr., Cruse, Scott, Henderson & Allen, Houston, TX, for Brown & Williamson.

Before GARWOOD, SMITH and DeMOSS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Johnny Crockett and other heirs of the estate of Veronica Faye Crockett (collectively "Crockett") challenge the removal to federal court of their wrongful death and survival suit against R.J. Reynolds Tobacco Company and other tobacco companies (collectively the "tobacco defendants"). Concluding that there is jurisdiction, we affirm the judgment on the merits.

I.

Crockett filed...

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