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GRAU v. PROCTER & GAMBLE COMPANY

No. 20286.

324 F.2d 309 (1963)

Peggy GRAU, Appellant, v. The PROCTER & GAMBLE COMPANY, The Procter & Gamble Distributing Company, Appellees.

United States Court of Appeals Fifth Circuit.

November 6, 1963.

Attorney(s) appearing for the Case

Sanford D. Weiss, Sid C. Stuckey, Jr., Montgomery, Ala., Stuckey & Weiss, Montgomery, Ala., for appellant.

James W. Garrett, Oakley W. Melton, Jr., Montgomery, Ala., Powell McHenry, Cincinnati, Ohio, Rushton, Stakely & Johnston, Montgomery, Ala., Dinsmore, Shohl, Barrett, Coates & Deupree, Cincinnati, Ohio, of counsel, for appellee.

Before RIVES, CAMERON and WISDOM, Circuit Judges.

PER CURIAM.

Plaintiff sued the manufacturer and distributor claiming that she had developed a severe stomatitis (inflammation of the mouth, as thrush) from the use of Crest tooth paste. The district court directed a verdict for the defendants.

Plaintiff's expert testified that Crest is not dangerous to normal persons:

"THE COURT: Do you mean by that that it [Crest] is not dangerous to people that do not have an allergy to stannous fluoride? ...

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