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HILL v. SMITHKLINE BEECHAM CORP.

No. 04-1053.

393 F.3d 1111 (2004)

Ernest J. HILL, III, Plaintiff-Appellant, v. SMITHKLINE BEECHAM CORPORATION, doing business as Glaxosmithkline; Wyeth Pharmaceuticals; Lawrence Leyba, D.O., individually and in his official capacity; James M. Watterson, Ph.D., individually and in his official capacity; Michael W. Morrison, Ph.D., individually and in his official capacity; United States of America; Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 28, 2004.

Attorney(s) appearing for the Case

Ernest J. Hill, III, pro se.

John W. Suthers, United States Attorney, and Megan McDermott, Assistant United States Attorney, Denver, CO, for Defendants-Appellees Lawrence Leyba, James Watterson, Ph.D., Michael Morrison, Ph.D., and United States of America.

Charles L. Casteel and Marilyn S. Chappell of Davis Graham and Stubbs, LLP, Denver, CO, for Defendant-Appellee Wyeth Pharmaceutical Laboratories, and Mary A. Wells and Greg W. LePage of Wells, Anderson & Race, LLC, Denver, CO, for Defendant-Appellee SmithKline Beecham Corporation.

Before LUCERO, McKAY, and PORFILIO, Circuit Judges.

LUCERO, Circuit Judge.

Ernest J. Hill, III, a prisoner appearing pro se, appeals the district court's grant of summary judgment for defendant pharmaceutical companies and motion to dismiss for the United States and Bureau of Prisons staff members on his tort claims arising from injuries allegedly caused from taking prescription medication. We exercise jurisdiction under 28 U.S.C. § 1291, and AFFIRM.*

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