IN RE DES LITIGATION

No. 1271, Docket 92-9074.

7 F.3d 20 (1993)

In re DES LITIGATION. Deborah ASHLEY and Andrew Ashley, Plaintiffs-Appellees, v. BOEHRINGER INGELHEIM PHARMACEUTICALS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 4, 1993.


Attorney(s) appearing for the Case

John Budlong, Seattle, WA (Stafford, Frey, Cooper & Stewart, Seattle, WA, Edward Griffith, Katten, Muchin & Zavis, New York City, on the brief), for defendant-appellant.

Before: NEWMAN, Chief Judge, VAN GRAAFEILAND and ALTIMARI, Circuit Judges.


JON O. NEWMAN, Chief Judge:

This appeal primarily concerns the ability of a party that prevails on the merits to obtain appellate review of adverse interlocutory rulings. The issue arises on the appeal of defendant Boehringer Ingelheim Pharmaceuticals ("Boehringer") from the September 14, 1992, judgment of the District Court for the Eastern District of New York (Jack B. Weinstein, Judge) dismissing with prejudice the complaint of Debra and Andrew Ashley. Boehringer...

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