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HERMAN v. SMITH, KLINE AND FRENCH LABORATORIES

No. 68-C-6.

286 F.Supp. 694 (1968)

Roger HERMAN, Plaintiff, v. SMITH, KLINE AND FRENCH LABORATORIES, Defendant.

United States District Court E. D. Wisconsin.

July 11, 1968.

Attorney(s) appearing for the Case

L. William Connolly, Milwaukee, Wis., for plaintiff.

Norman C. Skogstad, Wickham, Borgelt, Skogstad & Powell, Milwaukee, Wis., for defendant.

DECISION ON MOTION

MYRON L. GORDON, District Judge.

The defendant has moved to dismiss the complaint which alleges a personal injury arising from the plaintiff's use of a drug called Parnate, marketed by the defendant. The plaintiff claims that he was treated with the drug between February 21, 1961 and March 9, 1962, and he charges that the drug was not merchantable as to quality and was not reasonably fit for the purposes for which it was intended.

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