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HUNTER v. R.J. REYNOLDS TOBACCO CO.

No. 2011-CA-1433.

89 So.3d 1256 (2012)

Ivory HUNTER, Sr. and Hattie J. Hunter v. R.J. REYNOLDS TOBACCO COMPANY; Brown & Williamson Tobacco Corporation Individually and as Successor by Merger to the American Tobacco Company; Philip Morris, Inc.; Philip Morris Companies, Inc.; Lorillard Tobacco Company; Liggett Group, Inc.; Quaglino Tobacco and Candy Company, Inc.; Imperial Trading Company, Inc.; George W. Groetsch, Inc.; Walgreen Louisiana Company, Inc. d/b/a Walgreen Drug Stores; and, Whitney Foods, Inc. d/b/a Whitney Food Store.

Court of Appeal of Louisiana, Fourth Circuit.

April 11, 2012.

Attorney(s) appearing for the Case

Jessica W. Hayes , Murray Law Firm, New Orleans, LA, for Plaintiff/Appellant.

Phillip A. Wittmann , Carmelite M. Bertaut , Dorothy H. Wimberly , Stone Pigman Walther Wittmann, L.L.P., Madeleine Fischer , Jones Walker Waechter Poitevent Carrere & Denegre, L.L.P., Deborah B. Rouen , Martin A. Stern , Jeffrey Edward Richardson , Lara E. White , Adams and Reese, L.L.P., Steven W. Copley , Gordon Arata McCollam Duplantis & Eagan, LLP, New Orleans, LA, Lynda Albano Tafaro , Thomas P. Anzelmo , McCranie Sistrunk Anzelmo Hardy Maxwell & McDaniel, Metairie, LA, for Defendants/Appellees.

(Court composed of Judge EDWIN A. LOMBARD, Judge PAUL A. BONIN, Judge ROSEMARY LEDET).

PAUL A. BONIN, Judge.

The trial court dismissed the lawsuit of Hattie J. Hunter, the surviving spouse of Ivory Hunter, Sr., as abandoned due to the failure of any parties in the lawsuit to take any step in its prosecution or defense in the trial court for a period of three years.1 Mrs. Hunter filed a motion to set aside the dismissal, which motion the trial court denied. Solely arguing that the activity in a different action, a pending...

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