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SALMON v. PARKE, DAVIS AND COMPANY

No. 74-2002.

520 F.2d 1359 (1975)

Patricia W. SALMON, guardian ad litem of Timothy B. Salmon, a minor, Appellant, v. PARKE, DAVIS AND COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 11, 1975.

Attorney(s) appearing for the Case

Ralph G. Jorgensen, Tabor City, N. C. (Harvey Rosenberg, Silver Spring, Md., on brief) for appellant.

M. V. Barnhill, Jr., Wilmington, N. C., for appellee.

Before BUTZNER and FIELD, Circuit Judges, and HALL, District Judge.

BUTZNER, Circuit Judge:

The guardian ad litem of Timothy B. Salmon, a child who developed aplastic anemia after being treated with chloromycetin, appeals from a summary judgment dismissing his action against Parke, Davis & Company, the manufacturer of the drug.1 The principal allegations of negligence are that Parke, Davis failed to warn physicians effectively of the drug's hazards and that it overpromoted the drug. Since jurisdiction...

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