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TREBESCH v. ASTRA PHARMACEUTICAL PRODUCTS

Civ. No. 4-74-235.

503 F.Supp. 79 (1980)

Gerald A. TREBESCH, Trustee for the heirs of Arthur G. Trebesch, Deceased, Plaintiff, v. ASTRA PHARMACEUTICAL PRODUCTS, INC., a Massachusetts Corporation, Patterson Dental Company, Inc., Defendants. ASTRA PHARMACEUTICAL PRODUCTS, INC., a New York Corporation, Third-Party Plaintiff, v. Donald POPOVICH, D.D.S., Third-Party Defendant.

United States District Court, D. Minnesota, Fourth Division.

October 24, 1980.

Attorney(s) appearing for the Case

Richard C. Smith, Minneapolis, Minn., for plaintiff.

James T. Martin, Gislason & Martin, Edina, Minn., for defendant and third-party plaintiff.

Ludwig Gartner, Jr., Faegre & Benson, Minneapolis, Minn., for third-party defendant.

MEMORANDUM OPINION AND ORDER

DIANA E. MURPHY, District Judge.

This is a wrongful death action based on alleged negligence and strict liability. Plaintiff Gerald A. Trebesch is trustee for the heirs of decedent, Arthur G. Trebesch, who died following dental treatment by third-party defendant Donald Popovich on August 17, 1972. Defendant Astra Pharmaceutical Products, Inc. (Astra) is a Massachusetts corporation which manufactured a drug called xylocaine which...

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