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TATE v. ELI LILLY & CO.

No. 80-3762.

522 F.Supp. 1048 (1981)

Melinda Gaye TATE, Plaintiff, v. ELI LILLY AND COMPANY, et al., Defendants.

United States District Court, M. D. Tennessee, Nashville Division.

September 18, 1981.

Attorney(s) appearing for the Case

Lin Howard, Nashville, Tenn., for plaintiff.

James M. Doran, Jr., Nashville, Tenn., for defendant Merck & Co., Inc.

MEMORANDUM

WISEMAN, District Judge.

This is a diversity case in which plaintiff seeks to recover damages for personal injuries allegedly resulting from her in utero exposure to the drug diethylstilbestrol, commonly known as "DES." Defendant Merck & Co., Inc., has filed a Rule 12(b)(6) motion to dismiss the complaint. It maintains that the ten-year "cap" on products liability cases contained in section 3 of the Tennessee Products Liability Act of 1978...

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