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ESPINOSA v. PHILIP MORRIS USA, INC.

No. 07 C 231.

500 F.Supp.2d 979 (2007)

Jason ESPINOSA, Plaintiff, v. PHILIP MORRIS USA, INC., et al., Defendants.

United States District Court, N.D. Illinois, Eastern Division.

June 18, 2007.

Attorney(s) appearing for the Case

Larry Daniel Drury, Larry D. Drury, Ltd., Chicago, IL, for Plaintiff.

George Carter Lombardi, Dan K. Webb, Jeffrey Mark Wagner, Jennifer Marie Erickson, Kevin Anthony Banasik, Winston & Strawn LLP, Royal B. Martin, William Gibbs Sullivan, Martin, Brown & Sullivan, Ltd., James A. White, Gabriel Hernandez Scannapieco, Jones Day, Chicago, IL, Guy Miller Struve, Phineas E. Leahey, Davis Polk & Wardwell, New York City, Hugh R. Whiting, Jones Day, Houston, TX, for Defendants.

MEMORANDUM OPINION

DER-YEGHIAYAN, District Judge.

This matter is before the court on Defendant Philip Morris USA, Inc.'s and Defendant R.J. Reynolds Tobacco Company's (collectively referred to as "Defendants") motion to dismiss. For the reasons stated below, we grant the motion to dismiss and dismiss the instant action.

BACKGROUND

Plaintiff Jason Espinosa ("Espinosa") alleges that Defendants manufacture and sell cigarettes containing...

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