CONSUMER FEDERATION OF AMERICA v. UPJOHN COMPANY

No. 8171.

346 A.2d 725 (1975)

CONSUMER FEDERATION OF AMERICA et al., Appellants, v. UPJOHN COMPANY et al., Appellees.

District of Columbia Court of Appeals.

Decided October 7, 1975.


Attorney(s) appearing for the Case

Bruce J. Terris, Washington, D. C., with whom Helen Cohn Needham, Washington, D. C., was on the brief, for appellants.

Max O. Truitt, Jr., Washington, D. C., counsel for Eli Lilly & Co., and Herbert Dym, Washington, D. C., counsel for Upjohn Company, argued on behalf of all appellees. With them on the brief on behalf of the appellee Eli Lilly & Co. was Douglas G. Thompson, Jr., Washington, D. C. Also on the brief were E. Edward Bruce and Richard F. Kingham, Washington, D. C., on behalf of appellee Upjohn Company, and Andrew J. Kilcarr and Donald J. Frickel, Washington, D. C., on behalf of appellees Wyeth Laboratories and American Home Products Corporation. Peter A. Bell, Washington, D. C., also entered an appearance for Eli Lilly & Co.

Before NEBEKER, YEAGLEY and HARRIS, Associate Judges.


YEAGLEY, Associate Judge:

Appellants, the Consumer Federation of America and the National Council of Senior Citizens, filed a similar cause of action against each of three different drug companies on behalf of themselves, their members and all other purchasers of certain allegedly ineffective drugs to recover the money spent by purchasers of such drugs and to obtain punitive damages.1 The appellants assert that the subject drugs were sold...

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