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McCUE v. NORWICH PHARMACAL COMPANY

No. 71-1324.

453 F.2d 1033 (1972)

Ellen M. McCUE, Plaintiff-Appellee, v. NORWICH PHARMACAL COMPANY, Defendant-Appellant.

United States Court of Appeals, First Circuit.

January 20, 1972.

Attorney(s) appearing for the Case

Stephen J. Spielman, Manchester, N. H., with whom Devine, Millimet, McDonough, Stahl & Branch, Manchester, N. H., was on brief, for appellant.

Stanley M. Brown, Manchester, N. H., with whom McLane, Carleton, Graf, Greene & Brown, Manchester, N. H., was on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE, Circuit Judge, and WYZANSKI, Senior District Judge.

ALDRICH, Chief Judge.

This is a diversity action for personal injury, or illness, caused by long-term use of an ethical drug, Furadantin, manufactured by the defendant Norwich Pharmacal Company. After the jury found for the plaintiff, defendant appealed from the denial of its motion for a directed verdict (waived during oral argument) and the refusal of a requested instruction to the jury.

Our first question would have been what record is before us, the defendant...

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