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TRAVENOL LABS., INC. v. BANDY LABS., INC.

No. 6036.

608 S.W.2d 308 (1980)

TRAVENOL LABORATORIES, INC. and Herndon Medical and Surgical Supply, Inc., Appellants, v. BANDY LABORATORIES, INC., Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied December 4, 1980.

Attorney(s) appearing for the Case

Robert A. Gwinn and Charles L. Perry, Seay, Gwinn, Crawford, Mebus & Blakeney, Dallas, Hilton H. Howell, Naman, Howell, Smith, Lee & Muldrow, P. C., Waco, for appellants.

Charles B. McGregor and David B. Kultgen, Beard & Kultgen, Waco, for appellee.

HALL, Justice.

This is a suit for damages based upon bacterial contamination of three serials of rabies vaccine manufactured by plaintiff Bandy Laboratories, Inc. In the processing of the vaccine, plaintiff's employees used surgeon's gloves manufactured by defendant Travenol Laboratories, Inc., which were sold to plaintiff by defendant Herndon Medical and Surgical Supply, Inc. The gloves were marketed by Travenol and sold by Herndon in sealed packages labeled "Sterile...

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