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LINDSAY v. CUTTER LABORATORIES, INC.

No. 78-C-511.

536 F.Supp. 799 (1982)

Robert LINDSAY, Plaintiff, v. CUTTER LABORATORIES, INC., Defendant.

United States District Court, W. D. Wisconsin.

April 22, 1982.

Attorney(s) appearing for the Case

John Anthony Bonina, Brooklyn, N. Y., James R. Cole, Ross & Stevens, S. C., Madison, Wis., for plaintiff.

Thomas E. Pfalzer, O'Connor, Cohn, Dillon & Barr, San Francisco, Cal., Donald H. Carlson, Riordan, Crivello, Carlson, Mentkowski & Henderson, Milwaukee, Wis., for defendant.

ORDER

CRABB, Chief Judge.

This is a products liability action brought against the manufacturer of an allegedly defective prosthetic aortic valve which was implanted in plaintiff's heart. Plaintiff proceeds against defendant on three alternative theories of liability: negligence, breach of warranty, and strict liability in tort. Jurisdiction is based upon diversity of citizenship. 28 U.S.C. § 1332.

Presently before the court is plaintiff's motion...

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