O'BRIEN v. ELI LILLY & CO.

No. 81-1291.

668 F.2d 704 (1981)

O'BRIEN, Ann C., Appellant, v. ELI LILLY & COMPANY; E. R. Squibb & Sons, Inc.; the Upjohn Company, and Winthrop Company, Inc.

United States Court of Appeals, Third Circuit.

Decided December 28, 1981.

As Amended January 5, 1982.

Rehearing and Rehearing Denied January 21, 1982.


Attorney(s) appearing for the Case

R. J. Woodside, Jack M. Hartman (argued), Shearer, Mette & Woodside, Harrisburg, Pa., for appellant.

Edward W. Madeira, Jr. (argued), Nancy J. Gellman, Nina M. Gussack, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for appellee Eli Lilly & Co.

David J. Griffith (argued), Ross F. Schmucki, Harvey, Pennington, Herting & Renneisen, Philadelphia, Pa., for appellee E. R. Squibb & Sons, Inc.

George J. Lavin, Jr., Thomas J. Finarelli (argued), Liebert, Short, Fitzpatrick & Lavin, Philadelphia, Pa., for appellee, Winthrop Laboratories.

G. Thomas Miller, McNees, Wallace & Nurick, Harrisburg, Pa., for appellee Upjohn Co.

Before ALDISERT, HIGGINBOTHAM and SLOVITER, Circuit Judges.


Rehearing and Rehearing In Banc Denied January 21, 1982.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The question for decision in this appeal from a summary judgment in favor of four defendant pharmaceutical manufacturers in a diversity action is whether the district court properly applied the Pennsylvania "discovery rule," which modifies the personal injury statute of limitations. The district court determined that, if she had exercised due diligence...

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