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  5. 396 Pa.Super. 82 (1990)
 

HITE v. R.J. REYNOLDS TOBACCO CO.

396 Pa.Super. 82 (1990)

578 A.2d 417

Margaret W. HITE, Executrix of the Estate of Robert V. Hite, Deceased, Appellant, v. R.J. REYNOLDS TOBACCO COMPANY, Philip Morris, Inc., the American Tobacco Company, McKeesport Candy Company and B. Lipsitz Company, Appellees.

Supreme Court of Pennsylvania.

Filed July 12, 1990.

Attorney(s) appearing for the Case

Ellen M. Viakley, Pittsburgh, for appellant.

Edward F. Mannino, Philadelphia, for American Tobacco, appellee.

Before ROWLEY, WIEAND and HOFFMAN, JJ.

WIEAND, Judge:

The issue of first impression before the Court in this appeal is whether state tort remedies for injury or death caused by cigarette smoking have been preempted by the Federal Cigarette Labeling and Advertising Act1 which became effective January 1, 1966.

Robert Hite, a pharmacist, died on May 29, 1985, at the age of fifty. The cause of death was lung cancer brought on by cigarette smoking. Margaret W. Hite, the...

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