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COWAN BY COWAN v. LEDERLE LABORATORIES

Civ. A. No. 84-2165.

604 F.Supp. 438 (1985)

Lisa COWAN, by her Natural Parent and Next Friend, Ann COWAN, and Ann Cowan and Marvin Cowan, Individually, Plaintiffs, v. LEDERLE LABORATORIES, A DIVISION OF AMERICAN CYANIMID COMPANY, Defendant.

United States District Court, D. Kansas.

February 19, 1985.

Attorney(s) appearing for the Case

Bruce Keplinger, Payne & Jones, Chartered, Olathe, Kan., for plaintiffs.

Thomas F. Fisher, of Shughart, Thomson & Kilroy, Kansas City, Mo., James P. O'Hara, of Shughart, Thomson & Kilroy, Corporate Woods, Overland Park, Kan., for defendant.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This matter comes before the court on defendant's motion for summary judgment. The motion asserts that five counts of the complaint are barred by the applicable statutes of limitation and that one of the counts also fails to state a claim upon which relief can be granted. Subsequent to the filing of this motion, we granted plaintiffs leave to add a sixth count. Because recovery under this sixth count is...

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