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GIVENS v. LEDERLE

Nos. 75-3573, 75-3672.

556 F.2d 1341 (1977)

Sherry GIVENS and Wendel Givens, Plaintiffs-Appellees Cross Appellants, v. LEDERLE, etc., Defendant-Appellant Cross Appellee. Sherry GIVENS and Wendel Givens, Plaintiffs-Appellees, v. LEDERLE, etc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 8, 1977.

Attorney(s) appearing for the Case

Thomas T. Steele, W. Donald Cox, Tampa, Fla., for Lederle.

Michael D. Martin, Lakeland, Fla., for Sherry and Wendel Givens.

Before THORNBERRY, GODBOLD and FAY, Circuit Judges.

THORNBERRY, Circuit Judge:

This is a consolidated products liability case, with cross-appeal for additur, involving the Sabin oral polio vaccine. The jury verdict defendant appeals from is actually the second one. After the first verdict came down in defendant's favor, the trial court granted plaintiffs' motion for new trial on the basis of a case decided after trial, Reyes v. Wyeth Laboratories, 498...

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