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NICHOLS v. ELI LILLY & CO.

No. 73-1038.

501 F.2d 392 (1974)

Andrea Joyce NICHOLS, Plaintiff-Appellant, v. ELI LILLY & CO., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided August 15, 1974.

Attorney(s) appearing for the Case

W. R. Cathcart, Oklahoma City, Okl. (Don Manners, Oklahoma City, Okl., on the brief), for plaintiff-appellant.

Logan J. Wilson, Kansas City, Mo. (Shook, Hardy, Mitchell & Bacon, Lane D. Bauer, Patrick McLarney, Kansas City, Mo., Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, V. P. Crowe, and Andrew M. Coats, Oklahoma City, Okl., on the brief), for defendant-appellee.

Before BREITENSTEIN, McWILLIAMS and BARRETT, Circuit Judges.

ON REHEARING.

PER CURIAM.

This is a product liability case arising in Oklahoma with federal jurisdiction based on diversity. The issue is whether the statute of limitations bars the action.

Plaintiff-appellant claims personal injuries caused by birth control pills manufactured by defendant-appellee. She asserts breach of warranties of fitness and safety, and failure to warn of dangerous effects. The applicable Oklahoma statute of limitations governs...

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