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SNELL v. G.D. SEARLE & CO.

Civ. A. No. 81-AR-0983-S.

595 F.Supp. 654 (1984)

Nancy SNELL and Timothy A. Snell, Plaintiffs, v. G.D. SEARLE & CO., Defendant.

United States District Court, N.D. Alabama, S.D.

On Motion to Dismiss October 10, 1984.

Attorney(s) appearing for the Case

R. Gordon Pate, Hare, Wynn, Newell & Newton, Birmingham, Ala., for plaintiffs.

Lawrence B. Clark, Augusta S. Dowd, Lange, Simpson, Robinson & Somerville, Birmingham, Ala., for defendant.

MEMORANDUM OPINION

ACKER, District Judge.

On March 13, 1984, this court denied Searle's motion for summary judgment as to two of plaintiffs' claims or causes of action, the first based on an alleged breach of an implied warranty and the second based on Searle's alleged wilful or wanton conduct in that Searle is charged with continuing to market the IUD after notice of its dangerous propensities. After further discovery, Searle has now refiled its motion...

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