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TOMPKINS v. R.J. REYNOLDS TOBACCO CO.

No. 97-CV-823 FJS GJD.

92 F.Supp.2d 70 (2000)

Joann TOMPKINS, individually; and Stephen G. Tompkins, as Executor for the Estate of Richard F. Tompkins, Plaintiffs, v. R.J. REYNOLDS TOBACCO COMPANY, Defendant.

United States District Court, N.D. New York.

March 3, 2000.

Attorney(s) appearing for the Case

Wiggins & Masson, LLP, Ithaca, New York (Erin E. McKinley, of counsel), for plaintiffs.

Coughlin & Gerhart, Binghamton, New York (Richard B. Long, of counsel), Jones, Day, Reavis & Pogue, Cleveland, Ohio (Dennis L. Murphy, of counsel), for defendant.

MEMORANDUM-DECISION AND ORDER

SCULLIN, District Judge.

Introduction

Richard F. Tompkins died in 1996 at the age of 68. For purposes of the motions pending before this Court, the parties agree that he died from lung cancer caused by smoking. He is said to have started smoking around the age of 10. He predominantly smoked unfiltered Camel cigarettes — an average of one pack per day. Since the mid-1950s, his wife encouraged him to quit. In...

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