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BERRY v. AMERICAN CYANAMID COMPANY

No. 15696.

341 F.2d 14 (1965)

Donald W. BERRY, Plaintiff-Appellant, v. AMERICAN CYANAMID COMPANY (Lederle Laboratories, a division of American Cyanamid Company), Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

February 2, 1965.

Attorney(s) appearing for the Case

Argued by Lloyd S. Adams, Jr., Humboldt, Tenn., Adams & Adams, Humboldt, Tenn., on the brief, for appellant.

Argued by Newton P. Allen, Memphis, Tenn., Armstrong, McCadden, Allen, Braden & Goodman, Memphis, Tenn., and James D. Senter, Jr., Senter & Senter, Humboldt, Tenn., on the brief, for appellee.

Before CECIL and PHILLIPS, Circuit Judges, and TAYLOR, District Judge.

CECIL, Circuit Judge.

This appeal presents questions of law concerning the sufficiency of the plaintiff-appellant's complaint in the District Court. Donald W. Berry, hereinafter referred to as plaintiff, brought this action in a state court of Tennessee to recover damages in the amount of $100,000 from the American Cyanamid Company, defendant-appellee herein. The defendant-appellee will be referred to hereinafter as Lederle, the familiar name of its laboratory division...

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