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BINDER v. BRISTOL-MYERS SQUIBB, CO.

No. 97 C 7125.

184 F.Supp.2d 762 (2001)

Sandra J. BINDER, Plaintiff, v. BRISTOL-MYERS SQUIBB, CO., a corporation, and Medical Engineering Corporation, d/b/a Surgitech, a corporation, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

December 13, 2001.

Attorney(s) appearing for the Case

Zane D. Smith, Robert Maucker, Zane Smith & Associates, Chicago, IL, for Plaintiff.

Fred A. Smith, III, Anthony J. Anscombe, Ian N. Rothenberg, Sedgwick, Detert, Moran & Arnold, Chicago, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

MORTON DENLOW, United States Magistrate Judge.

This case raises the issue of whether defendant, Bristol-Myers Squibb, Co. ("Defendant" or "BMS") is liable for the acts of Edward Weck & Co. ("Weck") in distributing an alleged defective mammary prostheses implanted in plaintiff, Sandra J. Binder ("Plaintiff" or "Binder"), Defendant claims Plaintiff has not sued the correct defendant.

Because the Defendant has...

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