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DALKE v. UPJOHN CO.

No. 76-1180.

555 F.2d 245 (1977)

Kristina K. DALKE, a minor, by her Guardian ad Litem, Kay Dalke, Plaintiff-Appellant, v. The UPJOHN COMPANY, a corporation, Lederle Laboratories (a division of American Cyanamid Co.), a corporation, Pfizer Laboratories Division, Pfizer, Inc., a corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 19, 1977.

Attorney(s) appearing for the Case

Howard P. Pruzan, argued, Miracle & Pruzan, Seattle, Wash., for plaintiff-appellant.

James Bauer, argued, Reed, McClure, Moceri & Thonn, Seattle, Wash., for appellee Upjohn.

William R. Hickman, argued, Deterls, Draper & Marinko, Seattle, Wash., for Lederle Lab.

Thomas V. Harris, argued, Seattle, Wash., for Pfizer, Inc.

Before WRIGHT, GOODWIN and ANDERSON, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Kristina Dalke was a sickly child since her birth on August 8, 1964. Often afflicted with upper respiratory infections, she was treated with tetracycline-based prescription drugs by her family physician from January 7, 1965 to March 22, 1973. She now suffers from permanent discoloration of her teeth alleged to be caused by her ingestion of tetracycline.

Predicating liability on failure...

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