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HURLEY v. LEDERLE LAB. DIV. OF AMERICAN CYANAMID

No. 87-2578.

851 F.2d 1536 (1988)

James L. HURLEY, Jr., Etc., et al., Plaintiffs-Appellants, v. LEDERLE LABORATORIES DIVISION OF AMERICAN CYANAMID CO., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 17, 1988.

Attorney(s) appearing for the Case

Marcus A. Pitre, H.P. Wright, Wright & Pitre, Port Neches, Tex., Andrew W. Dodd, Denver & Dodd, Torrance, Cal., for plaintiffs-appellants.

Richard L. Josephson, Patrick C. Appel, Baker & Botts, Houston, Tex., for defendants-appellees.

Richard T. McCarroll, Demaris Gullekson, Brown, Maroney, Rose, Barber & Dye, Austin, Tex., O.J. Weber, Mehaffy, Weber, Keith & Gonsoulin, Beaumont, Tex., for Connaught Laboratories.

William G. Cole, Appellate Staff, Civil Div., U.S. Dept. of Justice, Washington, D.C., for amicus-U.S. Dept. Health and Human Services.

Before WISDOM, REAVLEY and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

James Hurley III and his parents appeal the district court's partial summary judgment against their products liability claims arising from the severe neurological damage the minor Hurley sustained after innoculation with Lederle's pertussis (whooping cough) vaccine, 651 F.Supp. 993. Since we disagree with the district court that federal law preempts the state products liability law, and since our...

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