ROGINSKY v. RICHARDSON-MERRELL, INC.

No. 266, Docket 30629.

378 F.2d 832 (1967)

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

United States Court of Appeals Second Circuit.

Decided April 4, 1967.

Rehearing Denied May 8, 1967.


Attorney(s) appearing for the Case

Lawrence E. Walsh, New York City (Davis, Polk, Wardwell, Sunderland & Kiendl, Richard E. Nolan, Alfred E. Schretter, New York City, Robert M. Hallman, Costello, Ward, Tirabasso & Shea, Joseph M. Costello and Mortimer C. Shea, New York City, of counsel), for defendant-appellant.

Paul D. Rheingold, New York City (Speiser, Shumate, Geoghan & Krause, Stuart M. Speiser, William F. X. Geoghan, Jr., and Alfred W. Gans, New York City, of counsel), for plaintiff-appellee.

Before MOORE, FRIENDLY and HAYS, Circuit Judges.


FRIENDLY, Circuit Judge:

In this diversity action1 Sidney Roginsky sought to recover compensatory and punitive damages for personal injuries, primarily cataracts, from taking at his home in Pennsylvania2 a drug, MER/29, developed by Richardson-Merrell Company for lowering blood cholesterol levels. Roginsky's was the first to be tried of some 75 similar cases now pending in the District Court for the Southern...

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