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KOTLER v. AMERICAN TOBACCO CO.

Civ. A. No. 86-0810-S.

731 F.Supp. 50 (1990)

Joanne KOTLER, Individually and as Administratrix of the Estate of George P. Kotler, Plaintiff, v. AMERICAN TOBACCO CO. et al., Defendants.

United States District Court, D. Massachusetts.

January 12, 1990.

Attorney(s) appearing for the Case

Eric Nissen, Nissen & Lumsden, Boston, Mass., for plaintiff.

Bruce G. Sheffler, John Delli Venneri and Thomas B. Bezanson, Chadbourne & Park, and Francis K. Decker, Jr., Webster & Sheffield, New York City, for American Tobacco Co.

Samuel Adams, Joseph J. Leghorn and Janice Kelley Rowan, Warner & Stackpole, Boston, Mass., for Liggett Group, Inc.

Daniel B. Bickford, Andrew F. Lane, Martha J. Koster and Stuart T. Rossman, Gaston Snow & Ely Bartlett, Boston, Mass., for The American Tobacco Co.

Marshall Simonds, Thomas J. Griffin, Jr., Goodwin, Procter & Hoar, Boston, Mass., for Philip Morris Co., Inc.

MEMORANDUM AND ORDER ON THE MOTION OF DEFENDANT AMERICAN TOBACCO CO. FOR SUMMARY JUDGMENT

SKINNER, District Judge.

In this action the plaintiff seeks to recover damages for the death of her husband from lung cancer, allegedly caused by his smoking of cigarettes manufactured by the defendants. In prior proceedings I have disposed of a number of the claims asserted in the Amended Complaint. On May 25, 1988, I dismissed all claims for failure to warn of the...

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