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MARCINIAK v. MILES-CUTTER

No. 1:93-CV-442.

874 F.Supp. 772 (1994)

Roman MARCINIAK, Julie Marciniak and Troy Marciniak, individually, and Julie Marciniak, as next friend of Heather Marciniak, a minor, Plaintiffs, v. MILES-CUTTER, an Indiana corporation, and Lederle Laboratories, a division of American Cyanamid Company, a New York corporation, jointly and severally, Defendants, Blue Cross Blue Shield of Michigan, Intervening Plaintiff.

United States District Court, W.D. Michigan, Southern Division.

December 16, 1994.

Attorney(s) appearing for the Case

John C. Buchanan, Kevin J. O'Dowd, Buchanan & Bos, Grand Rapids, MI, for plaintiffs.

Jack E. Vander Male, Feikens, Vander-Male, Stevens, Bellamy & Gilchrist, P.C., Detroit, MI, for Miles-Cutter.

Wallson G. Knack, Warner, Norcross & Judd, Grand Rapids, MI, for Lederle.

MEMORANDUM OPINION

McKEAGUE, District Judge.

This diversity action presents claims of negligence against defendant Miles-Cutter, and negligence and breach of implied warranty against defendant Lederle Laboratories. Specifically, plaintiff1 alleges an actionable failure to warn by both defendants relative to their respective products: Konyne, a Factor IX complex manufactured by Miles-Cutter; and Amicar (chemical name, epsilon...

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