OPINION
RICHARD MILLS, District Judge:
On July 10, 1986, Rita Deck purchased the prescription drug Asendin from Sullivan Drugs, Inc. and Terry McBrien, a pharmacist employed by Sullivan. The drug was not dispensed in a child-proof container as required by federal law.
One month later, on August 15, Rita's 2½ year old daughter, Brandi, ingested the drug and, as a result, sustained severe and permanent injuries.
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