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MULDER v. PARKE DAVIS & COMPANY

No. 42004.

181 N.W.2d 882 (1970)

Albert E. MULDER, trustee for heirs of Helen C. Mulder, Deceased, Appellant, v. PARKE DAVIS & COMPANY, Respondent, Frank E. Mork, Respondent.

Supreme Court of Minnesota.

On Rehearing December 18, 1970.

Attorney(s) appearing for the Case

LeVander, Zimpfer & Tierney and Frank E. Monson, Minneapolis, for appellant.

Faegre & Benson and G. Alan Cunningham, Minneapolis, for Parke Davis & Co.

Meagher, Geer, Markham & Anderson, and Mary Jeanne Coyne and O. C. Adamson, II, Minneapolis, for Frank E. Mork.

Dorsey, Marquart, Windhorst, West & Halladay, Minneapolis, for Minnesota State Medical Assn., amicus curiae.

Heard before KNUTSON, C. J., and NELSON, OTIS, ROGOSHESKE, and JAMES F. MURPHY, JJ.

OPINION

OTIS, Justice.

This is an action for death by wrongful act against the prescribing doctor and the manufacturer of a drug sold under the trade name of "chloromycetin." The trial court directed verdicts in favor of both defendants. Plaintiff appeals from an order denying his motion for a new trial. We affirm as to defendant Parke Davis and reverse as to defendant Frank E. Mork.

The facts are not in dispute. On June 24, 1965, decedent, Helen...

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