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BAILEY v. ELI LILLY CO., INC.

Civ. A. No. 84-1529.

607 F.Supp. 660 (1985)

Sara Jane BAILEY, Administratrix of the Estate of Hazel Stehman, Plaintiff v. ELI LILLY CO., INC., and the United States of America Food & Drug Administration, Defendants.

United States District Court, M.D. Pennsylvania.

April 29, 1985.

Attorney(s) appearing for the Case

Howard B. Krug, Purcell, Nissley, Krug & Haller, Harrisburg, Pa., for plaintiff.

Sally A. Lied, Asst. U.S. Atty., U.S. Atty.'s Office, Harrisburg, Pa., for defendants.

Nina M. Gussack, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for Eli Lilly Co.

MEMORANDUM

CALDWELL, District Judge.

I. Introduction

Pursuant to Fed.R.Civ.P. 12(b), defendant, United States of America, has moved to dismiss plaintiff's complaint based upon the discretionary function exception to the Federal Tort Claims Act.1 28 U.S.C. § 2671 et seq. Plaintiff's complaint alleges that the Food and Drug Administration (FDA) negligently failed to follow its own regulations in permitting...

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