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STERLING DRUG, INC. v. CORNISH

No. 18310.

370 F.2d 82 (1966)

STERLING DRUG, INC., a Corporation, Appellant, v. Maxine F. CORNISH, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied January 5, 1967.

Attorney(s) appearing for the Case

Douglas Stripp, of Watson, Ess, Marshall & Enggas, Kansas City, Mo., for appellant. James F. Duncan and Clayton R. Smalley, Kansas City, Mo., were with him on the brief.

James W. Benjamin, Rogers, Field & Gentry, Kansas City, Mo., for appellee. Glendon M. Fisher Jr., Nashville, Tenn., was with him on the brief.

Before VOGEL, Chief Judge, MEHAFFY, Circuit Judge, and McMANUS, District Judge.

McMANUS, District Judge.

This is an appeal in a diversity case from an $80,000.00 remitted judgment on a $110,000.00 jury award to a fifty year old Kansas citizen for permanent injury to her eyes caused by drug manufacturer's failure to warn her doctors of a prescribed drug's side effect.

Appellant's grounds for appeal are as follows:

I. Refusal of the trial court to direct a verdict for appellant because there was insufficient evidence to support...

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