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NICHOLS v. UPJOHN CO.

No. 79-2017 Summary Calendar.

610 F.2d 293 (1980)

Lee P. NICHOLS, Plaintiff-Appellant, v. The UPJOHN COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 14, 1980.

Attorney(s) appearing for the Case

Baron & Cowley, Jack B. Cowley, Dallas, Tex., for plaintiff-appellant.

Jackson, Walker, Winstead, Cantwell & Miller, Jack Pew, Jr., Dallas, Tex., for defendant-appellee.

Before CHARLES CLARK, VANCE and SAM D. JOHNSON, Circuit Judges.

PER CURIAM:

Lee Nichols brought this products liability suit in diversity, alleging he suffered permanent loss of vision in his right eye after taking the prescription drug "Motrin". Nichols sought to impose liability on the manufacturer, The Upjohn Company, contending that the warnings provided were inadequate and that the advertising contained misrepresentations of material facts. Suit was filed in the Eastern District of Texas, and in March, 1979, a three day trial...

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