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MACGILLIVRAY v. LEDERLE LABORATORIES DIVISION

Civ. No. 85-0422-JB.

667 F.Supp. 743 (1987)

Heather MacGILLIVRAY, an infant, Lynnette MacGillivray, individually and as mother and next friend of Heather MacGillivray, and Walter C. MacGillivray, individually and as father and next friend of Heather MacGillivray, Plaintiffs, v. LEDERLE LABORATORIES DIVISION, AMERICAN CYANIMID COMPANY, a foreign corporation, Defendant.

United States District Court, D. New Mexico.

February 5, 1987.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, Bruce Hall, Albuquerque, N.M., for plaintiffs.

Montgomery & Andrews, Deborah J. Van Vleck, Albuquerque, N.M., for defendant.

MEMORANDUM OPINION AND ORDER

BURCIAGA, District Judge.

THIS MATTER comes before the Court on Defendant's motion for partial summary judgment. The Court, having reviewed the pleadings, the evidence of record and the relevant law, finds that the motion is not well taken and should be denied.

The question before the Court is a narrow one: whether certain provisions of federal law preempt a state common law...

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