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GLATER v. ELI LILLY & CO.

No. 82-1864.

712 F.2d 735 (1983)

Cathy Ann GLATER, Plaintiff, Appellant, v. ELI LILLY & CO., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 27, 1983.

Attorney(s) appearing for the Case

Stanley M. Brown, Manchester, N.H., with whom Brown & Nixon Professional Association, Manchester, N.H., Thomas R. Watson, and Tybursky & Watson, Portsmouth, N.H., were on brief, for plaintiff-appellant.

Don M. Kennedy, Boston, Mass., with whom Marshall Simonds, P.C., Frank Dennis Saylor, IV, Goodwin, Procter & Hoar, Boston, Mass., John A. Graf, Richard S. Snierson, and McLane, Graf, Raulerson & Middleton, P.A., Manchester, N.H., were on brief, for defendant-appellee.

Before CAMPBELL, Chief Judge, COFFIN and BOWNES, Circuit Judges.

BOWNES, Circuit Judge.

Plaintiff-appellant Cathy Glater brought this diversity action in the District Court for the District of New Hampshire against Eli Lilly & Co. (Lilly) to recover monetary damages for injuries allegedly caused by her exposure in utero to diethylstilbestrol (DES) manufactured and distributed by Lilly. By its order dated October 13, 1982, the district court granted Lilly's motion to dismiss under Federal Rule of Civil Procedure 12(b...

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