Carol A. GELLEY, Trustee for the Heirs of Richard Lawrence Gelley, Deceased, Appellant,
v.
ASTRA PHARMACEUTICAL PRODUCTS INCORPORATED, a New York Corporation; The United States of America; Hanson Dental Supplies, Inc., a North Dakota Corporation; Jerry K. Brunsoman, D.D.S., individually and as an employee or independent contractor for MacKay & Fuller, D.D.S. Professional Association; MacKay & Fuller, D.D.S. Professional Association, a Minnesota Corporation, its Employees and Agents, Appellees.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted September 11, 1979.
Decided December 18, 1979.
Attorney(s) appearing for the Case
Richard C. Smith, Minneapolis, Minn., for appellant.
James T. Martin, Gislason & Martin, P. A., Edina, Minn., argued, for appellees, Astra Pharmaceutical Products, Inc., and Hanson Dental Supplies, Inc. James T. Martin, Richard D. Allen, Richard D. Allen, Ltd., Minneapolis, Minn., on brief.
James P. Klapps, Asst. Director, Torts Branch, Civil Div., U. S. Dept. of Justice, Washington, D. C., argued, remaining appellees; Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C.; Andrew D. Danielson, U. S. Atty., Minneapolis, Minn., Joanne S. Sisk, Associate Chief Counsel for Enforcement, Dept. of Health, Education and Welfare, Food & Drug Administration, Rockville, Md., on brief.
Before BRIGHT and HENLEY, Circuit Judges, and REGAN, Senior District Judge.
United States Court of Appeals, Eighth Circuit.
BRIGHT, Circuit Judge.
Carol A. Gelley, trustee for the heirs of Richard Lawrence Gelley, appeals the order of the district court1 dismissing this wrongful death action for lack of subject matter jurisdiction and for failure to state a claim upon which relief could be granted. Fed.R. Civ.P. 12(b)(1) and 12(b)(6), respectively. Gelley argues that because the complaint states an actionable claim for negligence against a private person under...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.