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BOERNER v. BROWN & WILLIAMSON TOBACCO CO.

No. LR-C-98-427.

126 F.Supp.2d 1160 (1999)

Mary Jane BOERNER and Henry W. Boerner, Plaintiffs v. BROWN & WILLIAMSON TOBACCO COMPANY, Defendant.

United States District Court, E.D. Arkansas, Western Division.

October 7, 1999.

Attorney(s) appearing for the Case

Gary L. Eubanks, William G. Holt, James G. Schulze, Gary Eubanks & Associates, Little Rock, AR, Norwood S. Wilner and Stephanie J. Franda Hartley, Spohrer, Wilner, Maxwell & Matthews, Jacksonville, FL, for Plaintiffs.

Kevin A. Crass, Jonann Coniglio Fleischauer, Friday, Eldredge & Clark, Little Rock, AR, Frank C. Woodside III, Michael J. Suffern, Dinsmore & Shohl, Cincinnati, OH, Bruce G. Sheffler, Gregory Loss, Thomas Riley Joseph G. Falcone, Chadbourne & Parke, New York City, for Defendant.

ORDER

MOODY, District Judge.

Before the Court are defendant's Motion to Dismiss and Motion for Summary Judgment.1 The plaintiffs have responded to both motions and the Court has heard oral arguments. After careful consideration of the papers and arguments and for the reasons stated below, defendant's motions are granted in part and denied in part.

Plaintiffs, Mary Jane Boerner and Henry W. Boerner, her husband...

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