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JORGENSEN v. MEADE JOHNSON LABORATORIES, INC.

No. 72-1240.

483 F.2d 237 (1973)

Andrew N. JORGENSEN, as special administrator of the Estate of Kimberly D. Jorgensen, Deceased, and Pamela B. Jorgensen, by and through her father and next friend, Andrew W. Jorgensen, Plaintiffs-Appellants, v. MEADE JOHNSON LABORATORIES, INC., a corporation, d/b/a Oracon, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied and Rehearing Denied October 1, 1973.

Attorney(s) appearing for the Case

Murray E. Abowitz, Oklahoma City, Okl. (Don Manners, Oklahoma City, Okl., on the brief), for plaintiffs-appellants.

Alex Cheek, Oklahoma City, Okl. (John D. Cheek and William C. McAlister of Cheek, Cheek & Cheek, Oklahoma City, Okl., on the brief), for defendant-appellee.

Before HILL, HOLLOWAY and BARRETT, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied October 1, 1973.

HOLLOWAY, Circuit Judge.

This diversity suit for personal injuries is brought against Meade-Johnson Laboratories, Inc., the plaintiff claiming that the pharmaceutical company is liable for deformities of his Mongoloid twin daughters. The claim is that the company's oral contraceptive product, Oracon, used by the plaintiff's wife, caused the Mongoloid condition and that the company is liable under...

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