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FORSYTH v. ELI LILLY AND CO.

Civ. No. 95-00185ACK.

904 F.Supp. 1153 (1995)

Susan K. FORSYTH, et al., Plaintiffs, v. ELI LILLY AND COMPANY, et al., Defendants.

United States District Court, D. Hawai`i.

July 28, 1995.

Attorney(s) appearing for the Case

Jeffrey A. Damasiewicz, Case Myrdal Bigelow & Lombardi, Honolulu, HI, J. Clark Aristei, William J. Downey, III, Kananack Murgatroyd Baum & Hedlund, Los Angeles, CA, for Susan K. Forsyth, Estates of June M. Forsyth and William D. Forsyth, William F. Forsyth, Jr.

Patricia C. Aburano, Burke Sakai McPheeters Bordner Iwanaga & Estes, Honolulu, HI, Andrew See, Shook Hardy & Bacon, Kansas City, MO, for Eli Lilly and Company and Dista, Inc.

Michael Chun, United States Attorneys Office, Honolulu, HI, Lisa S. Goldfluss, U.S. Department of Justice, Torts Branch, Civil Division, Washington, DC, Annamarie Kempic, Associate Chief Counsel for Enforcement, U.S. Food and Drug Administration, Rockville, MD, for U.S.

ORDER GRANTING DEFENDANT THE UNITED STATES' MOTION TO DISMISS

BACKGROUND

KAY, Chief Judge.

Currently before this Court is Defendant the United States' Motion to Dismiss and for Summary Judgment. In particular, the government requests that this Court dismiss the action against it pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) for lack of subject matter jurisdiction and failure to state a claim, respectively. According to the government...

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