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JONES BY JONES v. LEDERLE LABORATORIES

No. 85 CV 949.

695 F.Supp. 700 (1988)

Melissa JONES, an infant under the age of 14 years, by her father and natural guardian, Richard JONES, Plaintiff, v. LEDERLE LABORATORIES, A DIVISION OF AMERICAN CYANAMID CO., Defendant.

United States District Court, E.D. New York.

August 1, 1988.

Attorney(s) appearing for the Case

Glaser, Shandel & Blitz, New York City (Richard E. Shandell, and Jane Thea, of counsel), for plaintiff.

Donovan Leisure Newton & Irvine, New York City (J. Peter Coll, Jr., Daniel J. Thomasch, and Janis R. Hirohama, of counsel), for defendant.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

This is a products liability action based on diversity of citizenship. 28 U.S.C. § 1332(a)(1). The defendant moves for summary judgment to dismiss the Complaint. Fed.R.Civ.P. 56(b). For the reasons discussed below, the motion is granted in part and denied in part.

FACTS

Defendant, Lederle Laboratories ("Lederle"), is a division of American Cyanamid Company. Lederle manufactures Tri-Immunol...

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