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PARKE-DAVIS AND COMPANY v. STROMSODT

No. 18743.

411 F.2d 1390 (1969)

PARKE-DAVIS AND COMPANY, a Corporation, Appellant, v. Shane STROMSODT, a Minor, by Robert M. Stromsodt, His Guardian ad Litem, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied July 31, 1969.

Attorney(s) appearing for the Case

William H. Hillier, of Lord, Bissell & Brook, Chicago, Ill., for appellant, R. R. McMahan, Chicago, Ill., and Harold D. Shaft, of Shaft, Benson, Shaft & McConn, Grand Forks, N. D., and David C. Dethmers, Detroit, Mich., on the brief.

Mart R. Vogel, of Wattam, Vogel, Vogel, Bright & Peterson, Fargo, N. D., and Melvin M. Belli, of Belli, Ashe, Ellison, Choulos, Cone & Harper, San Francisco, Cal., for appellee, Seymour L. Ellison, of Belli, Ashe, Ellison, Choulos, Cone & Harper, San Francisco, Cal., and Carlton G. Nelson, of Nelson & Mack, Grand Forks, N. D., on the brief.

Before BLACKMUN, MEHAFFY and LAY, Circuit Judges.

MEHAFFY, Circuit Judge.

This diversity products liability action, instituted pursuant to the provisions of 28 U.S.C.A. § 1332, involves a multiple antigen product marketed by Parke-Davis and Company under its trade name "Quadrigen." This product was intended for use in simultaneous immunization against four major diseases of children: diphtheria, tetanus, pertussis (whooping cough) and poliomyelitis. Shane Stromsodt, a minor, by amended complaint brought this...

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