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CHUMBLER v. McCLURE

No. 74-1169.

505 F.2d 489 (1974)

Boyce E. CHUMBLER, Plaintiff-Appellant, v. Marguerite Wallace McClure, Executrix of the Estate of Dr. C. C. McClure, Jr., and Ayerst Laboratories, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

October 23, 1974.

Attorney(s) appearing for the Case

Franklin D. Brabson, W. Gary Blackburn, Malcolm L. McCune, Blackburn & McCune, Nashville, Tenn., Joseph W. Bolin, Clinton, Ky., for plaintiff-appellant.

W. A. Moody, Carrol D. Kilgore, William J. Harbison, Nashville, Tenn., for defendants-appellees.

Before PHILLIPS, Chief Judge, McCREE, Circuit Judge, and RUBIN, District Judge.

OPINION

CARL B. RUBIN, District Judge.

This matter comes before the Court as a diversity case alleging medical malpractice against Marguerite Wallace McClure, Executrix of the Estate of Doctor C. C. McClure, Jr., and product liability against Ayerst Laboratories, Inc. The trial was to a jury and the trial judge directed a verdict in favor of defendant Ayerst at the conclusion of the plaintiff's case and directed a verdict in favor of the defendant Estate...

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