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ESTATE OF LeMAY BY LeMAY v. ELI LILLY & CO.

Civ. A. No. 93-C-0142.

881 F.Supp. 428 (1995)

ESTATE OF Lyle L. LeMAY by the Personal Representative Dolores A. LeMAY, and Dolores A. LeMay, individually, Plaintiffs, v. ELI LILLY & CO., Cardiac Pacemakers, Inc., et al., Defendants.

United States District Court, E.D. Wisconsin.

March 15, 1995.

Attorney(s) appearing for the Case

Paul Gagliardi, Salem, WI, for plaintiff.

Charles H. Bohl and Pamela M. Schmidt, Milwaukee, WI, for all defendants.

Patricia K. McDowell, Milwaukee, WI, for The Prudential Ins. Co. of America.

DECISION AND ORDER ADOPTING IN PART MAGISTRATE JUDGE'S RECOMMENDATION

REYNOLDS, District Judge.

Plaintiffs brought this action for negligence and strict liability for the alleged malfunction of the lead wires used to connect an Automatic Implantable Cardioverter Defibrillator ("AICD") to Lyle LeMay's heart. On October 12, 1994, a United States magistrate judge for the Eastern District of Wisconsin recommended that this court enter summary judgment against...

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