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PETIX v. KABI PHARMACIA OPHTHALMICS, INC.

No. 92-CV-503A.

884 F.Supp. 92 (1995)

Jennie PETIX, Plaintiff, v. KABI PHARMACIA OPHTHALMICS, INC. Individually and as a Corporate Successor in Interest to Intermedics Intra Ocular, Inc., and Intermedics, Inc., Defendants.

United States District Court, W.D. New York.

March 31, 1995.

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, Buffalo, NY (Michael A. Ponterio, Marybeth Scarcello, of counsel), for plaintiff.

Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, NY (Cindy Kaplan Bennes, of counsel), for defendants.

DECISION AND ORDER

FOSCHIO, United States Magistrate Judge.

JURISDICTION

The parties executed a consent to proceed before the undersigned on January 24, 1994.

BACKGROUND

Plaintiff, Jennie Petix, filed this diversity action on July 30, 1992, alleging two causes of action for negligence, and under the doctrine of strict products liability. Plaintiff is a New York resident, Defendant Kabi Pharmacia Ophthalmics, Inc...

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