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ROGINSKY v. RICHARDSON-MERRELL, INC.

No. 64-Civ. 33.

254 F.Supp. 430 (1966)

Sidney ROGINSKY, Plaintiff, v. RICHARDSON-MERRELL, INC., Defendant.

United States District Court S. D. New York.

April 18, 1966.

Attorney(s) appearing for the Case

Speiser, Shumate, Geoghan & Krause, New York City, William F. Geoghan, Jr., New York City, of counsel, for plaintiff.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, Judge Lawrence E. Walsh, New York City, of counsel, Costello, Ward, Tirabasso & Shea, New York City, Joseph M. Costello, New York City, of counsel, for defendant.

CROAKE, District Judge.

The present action is one of over seventy cases assigned to the undersigned involving injuries alleged to have resulted from ingestion of the prescription drug MER/29, which was developed, tested and marketed by the Wm. S. Merrell Company, a division and formerly a subsidiary of the defendant. After a four week trial in the instant case, the first to be tried in this court, the jury responded as follows to the following interrogatories:

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