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WARFIELD TOBACCO, INC. v. R.J. REYNOLDS TOBACCO

No. CIV. A. 97-379.

34 F.Supp.2d 1050 (1999)

WARFIELD TOBACCO, INC., Plaintiff, v. R.J. REYNOLDS TOBACCO COMPANY, Defendant.

United States District Court, E.D. Kentucky.

January 6, 1999.

Attorney(s) appearing for the Case

Lindsey Ingram, Jr., Stoll, Keenon & Park, LLP, Lexington, KY.

John D. Preston, Perry & Preston, Paintsville, KY.

Charles E. Shivel, Jr., Stoll, Keenon & Park, LLP, Lexington KY.

MEMORANDUM OPINION AND ORDER

HOOD, District Judge.

The defendant, R.J. Reynolds Tobacco Company ("RJR"), has moved the Court [Record No. 40] for summary judgment. The plaintiff has responded [Record No. 42], to which the defendant has replied [Record No. 44]. This matter is now ripe for decision.

The following are the pertinent facts. Plaintiff is a retail tobacco outlet owned by David Marcum and located in Inez, Kentucky. Marcum is the sole...

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