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HOFFMAN v. STERLING DRUG, INC.

Nos. 72-1257 to 72-1259.

485 F.2d 132 (1973)

Clifton F. HOFFMAN, Appellant, v. STERLING DRUG, INC., a Corporation and Winthrop Laboratories, Inc., a Corporation and division of Sterling Drug, Inc. Clifton F. HOFFMAN, v. STERLING DRUG, INC., a Corporation and Winthrop Laboratories, Inc., a Corporation and division of Sterling Drug, Inc., Appellants.

United States Court of Appeals, Third Circuit.

Decided August 8, 1973.

As Amended August 24, 1973.

Attorney(s) appearing for the Case

Joseph D. Shein, Shein, Mele & Brookman, William B. Anstine, Jr., Anstine & Anstine, Philadelphia, Pa., for appellant in Nos. 72-1257, 72-1258 and appellees in 72-1259.

W. Bradley Ward, Schnader, Harrison, Segal & Lewis, Frank B. Boyle, Philadelphia, Pa., for appellee in Nos. 72-1257, 72-1258 and appellants in No. 72-1259.

Before BIGGS, HASTIE and HUNTER, Circuit Judges.

OPINION OF THE COURT

BIGGS, Circuit Judge.

In this diversity action1 Hoffman, plaintiff-appellee cross-appellant, sought to recover damages for serious and permanent injuries allegedly sustained as the result of ingesting the drug chloroquine phosphate, which was manufactured by Sterling Drug, Inc. and Winthrop Laboratories, Inc., and marketed under the trade name of Aralen. Count I of the complaint charged that the defendants...

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