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EZAGUI v. DOW CHEMICAL CORP.

No. 187, Docket 78-7148.

598 F.2d 727 (1979)

Elaine EZAGUI, as Administratrix of the goods, chattels and credits which were of Mark Ezagui, Deceased and Elaine Ezagui, Plaintiffs-Appellants, v. DOW CHEMICAL CORP., the County of Nassau and Meadowbrook Hospital, Dr. Jack Sherman and Parke-Davis Co., et al., Defendant-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 23, 1979.

Attorney(s) appearing for the Case

Jerome Edelman, Brooklyn, N. Y. (Martin Edelman, Brooklyn, N. Y., on the brief), for plaintiffs-appellants.

Joseph M. Costello, New York City (Costello & Shea, New York City, Michael Weinberger, New York City, on the brief), for defendant-appellee Parke-Davis Company.

Francis P. Bensel, New York City (Martin, Clearwater & Bell, New York City, Anthony M. Sola, New York City, on the brief), for defendant-appellee Dr. Jack Sherman.

Leonard L. Rivkin, Garden City, N. Y. (Rivkin, Leff & Sherman, Garden City, N. Y., Jeffrey Silberfeld, Garden City, N. Y., on the brief), for defendant-appellee Dow Chemical Co.

Robert O. Boyhan, Deputy County Atty., Mineola, N. Y. (Edward G. McCabe, County Atty. of Nassau County and James N. Gallagher, Bureau Chief, Litigation Bureau, Mineola, N. Y., on the brief), for defendants-appellees The County of Nassau and Meadowbrook Hospital, et al.

Before LUMBARD, MOORE and FEINBERG, Circuit Judges.

LUMBARD, Circuit Judge:

In this diversity action, plaintiff appeals from orders entered by Judge Pratt in the Eastern District of New York on July 15, 1977 and March 6, 1978 dismissing at the close of plaintiff's case her medical malpractice and drug products liability suit against defendants Parke-Davis Company, Dow Chemical Company, Dr. Jack Sherman, the County of Nassau, and Meadowbrook Hospital. We affirm the dismissal of the claims brought against the County...

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