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SALTER v. UPJOHN CO.

No. 77-1283.

593 F.2d 649 (1979)

Susie J. SALTER, As Executrix of the Estate of Salter, Rufus, Deceased, Plaintiff-Appellant, v. The UPJOHN COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 23, 1979.

Attorney(s) appearing for the Case

James W. Garrett, Sr., Thomas H. Keene, Montgomery, Ala., for plaintiff-appellant.

Wm. Harold Albritton, Andalusia, Ala., John R. Matthews, Jr., Montgomery, Ala., for defendant-appellee.

Before THORNBERRY, CLARK and RONEY, Circuit Judges.

THORNBERRY, Circuit Judge:

Plaintiff Susie J. Salter, as executrix of the estate of Rufus Salter, alleged in the trial court that defendant Upjohn failed adequately to test and label its prescription drug Cleocin and that as a result of this failure, Rufus Salter received the drug and died. In a general verdict, the jury found for defendant and the trial judge rendered judgment accordingly. Plaintiff appeals, alleging the trial judge committed a great variety of errors...

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