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HORNUNG v. RICHARDSON-MERRILL, INC.

Civ. No. 775.

317 F.Supp. 183 (1970)

Arthur C. HORNUNG and Mildred M. Hornung, Plaintiffs, v. RICHARDSON-MERRILL, INC. a foreign corporation, Defendant.

United States District Court, D. Montana, Billings Division.

September 21, 1970.

Attorney(s) appearing for the Case

William T. Kelly, Billings, Mont., Harry M. Philo, Detroit, Mich., for plaintiffs.

Weymouth D. Symmes, Anderson, Symmes, Forbes, Peete & Brown, Billings, Mont., for defendant.

ORDER AND OPINION

RUSSELL E. SMITH, Chief Judge.

This is a products liability action. It involves MER/29, a drug manufactured by the defendant. The plaintiff husband claims that MER/29 caused his cataracts. His wife sues for loss of consortium. The complaint is in four counts, the first based on negligence, the second on strict liability in tort, the third on implied and express warranty, and the fourth on a fraudulent concealment of facts to the Federal...

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