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TIMBERLAKE v. A.H. ROBINS CO., INC.

No. 83-2180.

727 F.2d 1363 (1984)

Lee Ann TIMBERLAKE, Plaintiff-Appellant, v. A.H. ROBINS COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 13, 1984.

Attorney(s) appearing for the Case

Jamail, Kolius & Mithoff, Richard Warren Mithoff, Kathleen D. Oliver, Houston, Tex., for plaintiff-appellant.

Fulbright & Jaworski, Terry O. Tottenham, David B. Weinstein, Houston, Tex., for defendant-appellee.

Before RUBIN and RANDALL, Circuit Judges, and MITCHELL, District Judge.

Rehearing and Rehearing En Banc Denied April 13, 1984.

RANDALL, Circuit Judge:

In this diversity case governed by Texas law, plaintiff-appellant Lee Ann Timberlake appeals the district court's summary judgment in favor of defendant-appellee A.H. Robins Company. For the reasons set forth below, we affirm.

I. Factual and Procedural Background.

Timberlake was fitted with a Dalkon Shield intrauterine device (IUD) in May of 1974. The Dalkon...

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