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ERRICHIELLO v. ELI LILLY AND CO.

Civ. A. No. 82-1718-G.

618 F.Supp. 484 (1985)

Carla ERRICHIELLO, Plaintiff, v. ELI LILLY AND CO. et al., Defendants.

United States District Court, D. Massachusetts.

October 9, 1985.

Attorney(s) appearing for the Case

Albert P. Zabin, Schneider, Reilly, Zabin, Connolly & Costello, Boston, Mass., for plaintiff.

Walter G. Murphy, Murphy and Mitchell, Boston, Mass., for Merck & Co., Inc.

Elizabeth Fahey, Morrison, Mahoney & Miller, Boston, Mass., for Rexall Drug Co.

John J.C. Herlihy, Herlihy and O'Brien, Boston, Mass., for Burroughs-Wellcome Co.

William A. McCormack, Anne J. Dubitzky, Bingham Dana & Gould, Boston, Mass., for Upjohn Co.

David W. Rosenberg, Hill & Barlow, Boston, Mass., for Abbott Laboratories.

Marshall Simonds, Goodwin, Proctor & Hoar, Boston, Mass., for Eli Lilly & Co.

Thomas D. Burns, Boston, Mass., for Kremens-Urban Co.

Samuel Adams, Joseph J. Leghorn, Warner & Stackpole, Boston, Mass., for E.R. Squibb & Son.

ORDER ON MOTION FOR SUMMARY JUDGMENT

GARRITY, District Judge.

Defendant Eli Lilly and Company has filed a motion for summary judgment against plaintiff Carla Errichiello as to both counts of her complaint. As grounds therefor, defendant argues that plaintiff's claims are barred by the Massachusetts statute of limitations governing tort claims and actions for breach of warranty.

The relevant facts are not in dispute. On June 22, 1982 plaintiff filed...

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