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TIMM v. UPJOHN CO.

No. 78-2476.

624 F.2d 536 (1980)

Deborah D. TIMM and Robert H. Timm, Jr., husband and wife, Plaintiffs-Appellees, v. The UPJOHN COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 6, 1980.

Attorney(s) appearing for the Case

Adams & Reese, Henry B. Alsobrook, Jr., Robert D. Bjork, Jr., New Orleans, La., for defendant-appellant.

R. Ray Orrill, Jr., New Orleans, La., Kenneth M. Henke, Lafayette, La., for plaintiffs-appellees.

Before BROWN, AINSWORTH and FRANK M. JOHNSON, Jr., Circuit Judges.

FRANK M. JOHNSON, Jr., Circuit Judge:

The plaintiffs, Deborah and Robert Timm, filed this diversity action in the district court for personal injuries to Deborah Timm, and consequential damages from those injuries, allegedly caused by her use of defendant The Upjohn Company's drug Cleocin.1 A jury in the United States District Court for the Eastern District of Louisiana found Upjohn negligent in its marketing of Cleocin;...

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