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KELLY v. MARTIN & BAYLEY, INC.

No. 06-1756.

503 F.3d 584 (2007)

Michael KELLY, as Administrator of the Estate of Everett Kelly, deceased and Patti Kelly, Plaintiffs-Appellants, v. MARTIN & BAYLEY, INC., d/b/a Huck's Convenience Store and Philip Morris Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 19, 2007.

Attorney(s) appearing for the Case

David C. Frederick (argued), Kellog, Huber, Hansen, Todd & Evans, Washington, DC, Donald M. Flack, Korein Tillery, Belleville, IL, for Plaintiffs-Appellants.

Jeffrey M. Wagner (argued), Winston & Strawn, Chicago, IL, for Defendants-Appellees.

Brian Wolfman, Public Citizen Litigation Group, Washington, DC, for Amicus Curiae.

Before BAUER and WILLIAMS, Circuit Judges.

PER CURIAM.

Everett Kelly smoked between twenty and thirty Marlboro Lights cigarettes every day for thirty years and consequently died of lung cancer.1 Martin & Bayley, Inc. is a corporation that conducts business under the name Huck's Convenience Store ("Huck's") in Madison County, Illinois, where Kelly lived. Huck's sold Marlboro Lights, which were manufactured by the other defendant here, Philip Morris USA, Inc. ("Philip Morris...

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