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CLINTON v. BROWN & WILLIAMSON HOLDINGS, INC.

No. 05 Civ. 9907(CLB)(LMS).

498 F.Supp.2d 639 (2007)

Eileen A. CLINTON, on behalf of herself and as Administratrix of the estate of William A. Champagne, Jr., Plaintiff, v. BROWN & WILLIAMSON HOLDINGS, INC., as successor by merger to American Tobacco Company and Philip Morris USA, Inc., Defendants.

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

July 24, 2007.

Attorney(s) appearing for the Case

Jerome Howard Block, Levy, Phillips & Konigsberg, LLP, New York, NY, for Plaintiff.

Harold Keith Gordon, Jones Day, Thomas John Quigley, Winston & Strawn LLP, New York, NY for Defendants.

Memorandum and Order

BRIEANT, District Judge.

Before the Court for decision are motions for summary judgment, filed by Defendants Philip Morris USA, Inc., ("Philip Morris") and Brown and Williamson, as successor by merger to American Tobacco Company ("ATC") (Doc.'s 34 and 27).

The following facts appear of record and are assumed to be true for the purposes of this motion only. Plaintiff Eileen Clinton is the widow of decedent William A. Champagne...

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