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RAYMOND v. ELI LILLY & CO.

No. 76-1300.

556 F.2d 628 (1977)

Arthur RAYMOND and Patricia Raymond Plaintiffs, Appellees, v. ELI LILLY AND COMPANY, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided June 15, 1977.

Attorney(s) appearing for the Case

Steven C. Kany, New York City, with whom Dewey, Ballantine, Bushby, Palmer & Wood, Russel H. Beatie, Jr., New York City, John A. Graf, Richard S. Snierson, and McLane, Graf, Greene, Raulerson & Middleton, Professional Association, Manchester, N. H., were on brief, for appellant.

W. Wright Danenbarger, Manchester, N. H., with whom Wiggin & Nourie and Kenneth G. Bouchard, Manchester, N. H., were on brief, for appellees.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and DOOLING, District Judge.

PER CURIAM.

Other issues having been resolved by certification to the New Hampshire Supreme Court, the only issue remaining in this appeal is whether the district court properly applied a now undisputed standard to undisputed facts. The undisputed standard formulated by the Supreme Court of New Hampshire is: "A cause of action will not accrue under the discovery rule until the plaintiff discovers or in the exercise of reasonable diligence should have discovered not...

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