MICHAEL v. WARNER/CHILCOTT

No. 3133.

579 P.2d 183 (1978)

Kaiser MICHAEL, Jr., Plaintiff-Appellee, v. WARNER/CHILCOTT, a Division of Warner Lambert Company, a Foreign Corporation, Davis Brothers Drug Company, Amfac Drug Supply, Ted Sanderson, a Representative of Warner/Chilcott, Defendants, and Skaggs Drug Centers, Inc., a Foreign Corporation, Byrne Cates, a Representative of Skaggs Drug Centers, Inc., Defendants-Appellants. McKesson ROBBINS, A Foreign Corporation, and Foremost-McKession, A Foreign Corporation, Defendants and Third-Party Plaintiffs-Appellants, v. REVLON, Inc., A Foreign Corporation, successor corporation to Nysco Laboratories, Inc., a Foreign Corporation, Third-Party Defendant, and U.S. Nuclear, INc., a Foreign Corporation, successor corporation to Strong, Cobb, Arner, Inc., a Foreign Corporation, Third-Party Defendant-Appellant.

Court of Appeals of New Mexico.

Writ of Certiorari Denied May 11, 1978.


Attorney(s) appearing for the Case

William Booker Kelly, White, Koch, Kelly & McCarthy, Santa Fe, for appellants.

William E. Snead, Ortega & Snead, Steven P. Michael, Albuquerque, for appellee.


OPINION

SUTIN, Judge.

This is an interlocutory appeal granted defendant McKesson-Robbins, Foremost-McKesson, Skaggs Drug Centers, and third party defendant, U.S. Nuclear, Inc. These parties will be designated as defendants. The trial court denied defendants' motion for summary judgment and defendants appeal. We affirm.

A. Facts.

Plaintiff suffered with sinus congestion symptoms since about 1952. Over the years, he took a variety...

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