Carol A. GELLEY, Trustee for the heirs of Richard Lawrence Gelley, Deceased, Plaintiff,
v.
ASTRA PHARMACEUTICAL PRODUCTS, INCORPORATED, a Massachusetts Corporation; United States of America; Ted Hanson Dental Supplies, Incorporated, a North Dakota Corporation; Jerry K. Brunsoman, D. D. S., Individually and as an employee of MacKay & Fuller D. D. S. Professional Association, a Minnesota Corporation; their employees and agents, Defendants.
United States District Court, D. Minnesota, Fourth Division.https://leagle.com/images/logo.png
February 2, 1979.
February 2, 1979.
Attorney(s) appearing for the Case
Richard C. Smith, Minneapolis, Minn., for plaintiff.
Robert W. Gislason, Edina, Minn., for defendant Astra Pharmaceutical Products, Inc.
James P. Klapps, U. S. Dept. of Justice, Washington, D. C., Andrew W. Danielson, U. S. Atty., and Donald F. Paar, Asst. U. S. Atty., Minneapolis, Minn., Joanne Sisk, Dept. of Health, Ed. and Welfare, Food and Drug Administration, Rockville, Md., for defendant U. S.
Richard D. Allen, Minneapolis, Minn., for defendant Ted Hanson Dental Supplies, Inc.
Charles Bassford and Kevin Kennan, Minneapolis, Minn., for defendant Jerry K. Brunsoman.
B. B. Markham and Robert Frazee, Minneapolis, Minn., for defendant MacKay & Fuller D. D. S. Professional Ass'n.
United States District Court, D. Minnesota, Fourth Division.
ORDER
MacLAUGHLIN, District Judge.
This matter comes before the Court on the defendants' renewed motions to dismiss1 for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6). The defendant United States moves to dismiss on the grounds that no actionable tort duty was owed by Food and Drug Administration personnel to the...
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