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MORRIS v. PARKE, DAVIS & CO.

No. CV 82-5296-RJK (JRx).

667 F.Supp. 1332 (1987)

Lesta MORRIS and Eddie Morris, individually, and David Kent Morris, by his co-conservators, Lesta and Eddie Morris, Plaintiffs, v. PARKE, DAVIS & COMPANY, a corporation; Wyeth Laboratories, a division of American Home Products Corporation, a division of American Cyanamid Company; Eli Lilly and Company; the National Drug Company, a division of Richardson-Merrell, Inc., Defendants.

United States District Court, C.D. California.

June 12, 1987.

Attorney(s) appearing for the Case

Andrew W. Dodd, Denver & Dodd, Torrance, Cal., for plaintiffs.

Joann M. Zaleskas, Haight, Dickson, Brown & Bonesteel, Santa Monica, Cal., Timothy Bradford, Morgan, Wenzel & McNichol, Charles Smith, Lord, Bissel & Brook, Jeffrey Barron, Morris, Polich & Purdy, Los Angeles, Cal., Peter Hast, Hast & Sabatasse, Van Nuys, Cal., Phillip S. Berry, Carolyn Collins, Berry & Berry, Oakland, Cal., Harvey Kaplan, Shook, Hardy & Bacon, Kansas City, Mo., for defendants.

MEMORANDUM OF DECISION AND ORDER

KELLEHER, Senior District Judge.

I. INTRODUCTION

This is an action against five vaccine manufacturers in which plaintiffs allege that plaintiff David Morris was injured as the result of the administration of Diptheria-Pertussis-Tetanus vaccine ("D.P.T.") during 1965. Plaintiffs concede their inability to identify the manufacturer of the particular vaccine administered to plaintiff David Morris. As a result, they...

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