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THEUERKAUF v. UNITED VACCINES

No. 2:91-CV-275.

821 F.Supp. 1238 (1993)

Gerald THEUERKAUF, d/b/a Lakeland Mink Ranch, Plaintiff, v. UNITED VACCINES DIVISION OF HARLAN SPRAGUE DAWLEY, INC., Defendant.

United States District Court, W.D. Michigan, N.D.

January 13, 1993.

Attorney(s) appearing for the Case

Joseph C. Sartorelli, Petrucelli & Petrucelli, Iron River, MI, for plaintiff.

Ronald D. Keefe, Kendricks, Bordeau, Adamini, Keefe, Smith & Girard, Marquette, MI, Deborah S. Burke, Thomas A. Withrow, Henderson, Daily, Withrow & DeVoe, Indianapolis, IN, for defendants.

OPINION

QUIST, District Judge.

This is a diversity action between an Indiana corporation and a Michigan resident. This action arises out of plaintiff's loss of 1,970 breed stock mink after the mink were injected with BIOCOM-DP vaccine on July 2 and 3, 1990. The vaccine is intended to prevent distemper, virus enteritis, botulism, and pseudomonas pneumonia in mink. The defendant manufactures, tests, and distributes the vaccine.

Plaintiff states three...

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