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SPENCE v. MILES LABORATORIES, INC.

No. CIV-1-91-185.

810 F.Supp. 952 (1992)

Jennifer SPENCE, individually and as surviving spouse of Wynne Spence, deceased, Plaintiff, v. MILES LABORATORIES, INC., individually and d/b/a Cutter Laboratories, Defendants.

United States District Court, E.D. Tennessee, at Chattanooga.

November 20, 1992.

Attorney(s) appearing for the Case

Jeffrey D. Boehm, Jerry H. Summers, Chattanooga, TN, for plaintiff.

L. Jay Miller, Waring Cox, Memphis, TN, Terry O. Tottenham, Fulbright & Jaworski, Austin, TX, for defendants.

MEMORANDUM

EDGAR, District Judge.

This Court has previously denied a motion by defendant Miles Laboratories, Inc. ("Miles") for summary judgment. This case is now before the Court on Miles' motion to reconsider. This motion raises several issues which will be discussed in this memorandum. For the reasons discussed herein, Miles' motion for summary judgment will be GRANTED and the case DISMISSED.

I. Standard of Review

Fed.R.Civ.P...

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