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PERCIVAL v. AMERICAN CYANAMID CO.

No. CIV-85-2671-P.

689 F.Supp. 1060 (1987)

Cindy S. PERCIVAL and John F. Percival, parents and natural guardians of Charles Thomas Percival, an infant, Cindy S. Percival, individually; and John F. Percival, individually, Plaintiffs, v. AMERICAN CYANAMID COMPANY, a corporation, d/b/a Lederle Laboratories, Defendant.

United States District Court, W.D. Oklahoma.

December 9, 1987.

Attorney(s) appearing for the Case

Ed Abel, Glen Mullins, Oklahoma City, Okl., for plaintiffs.

William G. Smith, Brenda Penland, Stephen Peterson, Oklahoma City, Okl., John Clough, Mary Ann Murphy, Larry Larson, Barry L. Rodolff, Odette L. Ashley and JoAnn M. Zaleskas, Santa Monica, Cal., for defendant.

ORDER

PHILLIPS, District Judge.

Before the Court are two motions for partial summary judgment filed October 27, 1987, by defendant American Cyanamid Company, d/b/a Lederle Laboratories (hereinafter "Lederle"). The first motion concerns the learned intermediary and sophisticated user rules; the second motion concerns the adequacy of Lederle's warnings. Plaintiffs responded in opposition to both motions on November 16, 1987, and both parties presented oral...

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