SEYMOUR v. PARKE, DAVIS & COMPANY

No. 7309.

423 F.2d 584 (1970)

Helen L. SEYMOUR, Executrix, Plaintiff, Appellant, v. PARKE, DAVIS & COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

March 27, 1970.


Attorney(s) appearing for the Case

John M. Hyson, Boston, Mass., with whom E. Paul Kelly, Manchester, N. H., Warner & Stackpole, Boston, Mass., and Sheehan, Phinney, Bass & Green, Manchester, N. H., were on brief for appellant.

Martin L. Gross, Concord, N. H., with whom Sulloway, Hollis, Godfrey & Soden, Concord, N. H., was on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.


ALDRICH, Chief Judge.

In 1963 one Seymour, a resident of Massachusetts, purchased there a drug manufactured by defendant appellee Parke, Davis & Co. He ingested it in Massachusetts, and lived in Massachusetts until 1966, when he died. Plaintiff appellant, who is and was at all times resident in Massachusetts, is his executrix. In 1968 plaintiff was appointed ancillary executrix in the state of New Hampshire and sued the defendant there in the district court for...

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