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DAHL v. R.J. REYNOLDS TOBACCO CO.

No. 06-1776.

478 F.3d 965 (2007)

Michael S. DAHL; David Scott Huber, Plaintiffs-Appellants, v. R.J. REYNOLDS TOBACCO COMPANY; R.J. Reynolds Tobacco Holdings, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 28, 2007.

Attorney(s) appearing for the Case

Kay Nord Hunt, argued, Minneapolis, MN, for appellant.

Hugh R. Whiting, argued, Houston, TX, for appellee.

Before LOKEN, Chief Judge, JOHN R. GIBSON, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Michael S. Dahl and David Scott Huber filed this action in the Minnesota District Court alleging that R.J. Reynolds' practice of marketing and selling "light" cigarettes violated state consumer protection statutes and constituted common law fraud. After defendants unsuccessfully attempted to remove the case to federal court on diversity grounds, plaintiffs' claims were dismissed as preempted by federal law. Plaintiffs appealed the dismissal...

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