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JOHNSON v. ELI LILLY AND CO.

No. CIV-87-1080T.

689 F.Supp. 170 (1988)

Carol A. JOHNSON and Larry Johnson, Plaintiffs, v. ELI LILLY AND COMPANY, Defendant.

United States District Court, W.D. New York.

July 27, 1988.

Attorney(s) appearing for the Case

Learned, Reilly & Learned (Thomas E. Reilly, of counsel), Elmira, N.Y., for plaintiffs.

Nixon, Hargrave, Devans & Doyle (Russell H. Beatie, Jr., David M. Lascell, Sanford N. Berland and Brian C. Wille, of counsel), Rochester, N.Y., for defendant.

DECISION AND ORDER

TELESCA, District Judge.

INTRODUCTION

Plaintiffs Carol Johnson and her husband, Larry Johnson ("the Johnsons") commenced this action in New York State Supreme Court alleging that Carol Johnson's mother ingested diethylstilbestrol ("DES") manufactured by Eli Lilly in 1952, and that Carol Johnson has been injured as a result. Eli Lilly removed the action to this Court on the basis of diversity jurisdiction.

The Johnsons...

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