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CONLEY v. BOYLE DRUG CO.

No. 83-1559, 83-2091.

477 So.2d 600 (1985)

Terry Lynn CONLEY, Appellant, v. BOYLE DRUG Company, Etc., et al., Appellees. Terry Lynn Conley, Appellant/Cross Appellee, v. BOYLE DRUG COMPANY, Etc., et al., Appellees/Cross Appellants.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 18, 1985.

Attorney(s) appearing for the Case

Dianne J. Weaver of Weaver, Weaver & Lardin, P.A., and Nancy Little Hoffmann of Nancy Little Hoffmann, P.A., Fort Lauderdale, for Terry Lynn Conley.

James E. Tribble and Diane H. Tutt of Blackwell Walker Gray Powers Flick & Hoehl, Miami, for appellees/cross appellants Boyle Drug Co. and Ortho Pharmaceutical Corp. and appellees E.R. Squibb & Sons, Inc. and Sandoz, Inc.

Robert F. Jordan of Conrad, Scherer & James, Fort Lauderdale, for appellee Rexall Drug Co.

Lamar D. Oxford of Dean, Ringers, Morgan & Lawton, Orlando, for appellee Abbott Laboratories.

David J. Kadyk and Ted R. Manry, III, of MacFarlane, Ferguson, Allison & Kelly, Tampa, for appellee Upjohn Co.

Hugh J. Turner, Jr. of Smathers & Thompson, Miami, and Russel H. Beatie, Jr., and Sanford N. Berland of Law Offices of Russel H. Beatie, Jr., New York City, for appellee Eli Lilly and Co.

Richard A. Kupfer of Cone, Wagner, Nugent, Johnson, Hazouri & Roth, P.A., West Palm Beach, for amicus curiae Academy of Florida Trial Lawyers.

Jack W. Shaw, Jr., of Mathews, Osborne, McNatt, Gobelman & Cobb, Jacksonville, for amicus curiae Florida Defense Lawyers Assn.

ANSTEAD, Judge.

The issue presented in this appeal is whether the appellant, Terry Lynn Conley, who was allegedly injured as a result of the ingestion by her mother of the drug diethylstilbestrol (DES), may state a cause of action against numerous DES manufacturers even though she is admittedly unable to identify the specific manufacturer of the drug her mother ingested.

Ms. Conley filed an action against eleven defendants who manufactured the drug DES in...

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