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FRITZ v. PARKE DAVIS AND COMPANY

No. 40481.

152 N.W.2d 129 (1967)

Delores J. Mellin FRITZ, Trustee for next of kin of William Mellin, Deceased, et al., Appellants, v. PARKE DAVIS AND COMPANY, and Doctors W. W. Rieke, D. W. Feigal and C. W. Zinn, Respondents.

Supreme Court of Minnesota.

July 7, 1967.

Attorney(s) appearing for the Case

Carroll & Perbix, Hopkins, for appellants.

Scallen, Farnes, Evidon & Harder, Minneapolis, for respondent doctors.

Faegre & Benson and Paul J. McGough and G. Alan Cunningham, Minneapolis, for respondent Parke Davis and Company.

OPINION

ROGOSHESKE, Justice.

The amended complaint in this action alleged that the death of William Mellin on July 31, 1963, was caused by the negligence of defendant physicians and the negligence and breach of warranty of defendant drug company in the manufacture and sale of dilantin, a drug of choice used in controlling epilepsy prescribed for deceased by defendant physicians.

On December 21, 1961, William, aged 12, was hospitalized. Defendant...

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