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SMYTH v. UPJOHN CO.

No. 87, Docket 75-7143.

529 F.2d 803 (1975)

Malachy J. SMYTH and Lucy Smyth, Plaintiffs-Appellants, v. The UPJOHN COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 2, 1975.

Attorney(s) appearing for the Case

J. Leo Coupe, Utica, N. Y. (Coupe, Coupe & Matt, Utica, N. Y., of counsel), for plaintiffs-appellants.

John E. Hunt, Utica, N. Y. (Kernan & Kernan, Utica, N. Y., of counsel), for defendant-appellee.

Before FRIENDLY, MANSFIELD and TIMBERS, Circuit Judges.

PER CURIAM:

Malachy J. Smyth, M.D., and his wife seek a new trial of their diversity action in the Northern District of New York against The Upjohn Co. for personal injuries suffered by Dr. Smyth, allegedly as the result of Upjohn's antibiotic Lincocin. The complaint alleges that Dr. Smyth developed acute colitis as a result of his taking Lincocin, and that Upjohn was negligent in failing to give adequate warnings of this possible side-effect. A jury trial before...

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