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HENRY v. RICHARDSON-MERRELL, INC.

No. 74-1198.

508 F.2d 28 (1975)

Denis HENRY, a minor by Gaston Henry and Lorraine Henry, his natural parents and guardians, et al., Appellees, v. RICHARDSON-MERRELL, INC., a Delaware Corporation and Merrell-National Laboratories, Division of Richardson-Merrell, Inc., a Delaware Corporation, Appellants.

United States Court of Appeals, Third Circuit.

Decided January 22, 1975.

Attorney(s) appearing for the Case

Robert P. Gorman, Michael R. Cole, Clapp & Eisenberg, Newark, N. J., Raynes, McCarty & Binder, Arthur G. Raynes, Philadelphia, Pa., for appellees.

Riker, Danzig, Scherer & Brown, Peter N. Perretti, Jr., James S. Rothschild, Jr., Newark, N. J., for appellants.

Before VAN DUSEN, HUNTER and GARTH, Circuit Judges.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This is a diversity case in which plaintiff-appellee seeks damages for personal injuries suffered as a result of his mother's ingestion of thalidomide during pregnancy. In the present appeal, appellant drug company challenges the district court of New Jersey's application of the New Jersey statute of limitation and consequent denial of its motion for summary judgment. Henry v. Richardson-Merrell, Inc...

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