BRUCK v. ELI LILLY & CO.

No. C-1-79-462.

523 F.Supp. 480 (1981)

Edward E. BRUCK, et al., Plaintiffs, v. ELI LILLY AND COMPANY, et al., Defendants.

United States District Court, S. D. Ohio, W. D.

October 2, 1981.


Attorney(s) appearing for the Case

Thomas H. Bleakley, Detroit, Mich., Thomas H. Stubbs, Jr., Middletown, Ohio, for plaintiffs.

Ralph F. Mitchell, Cincinnati, Ohio, for E. R. Squibb & Sons.

Arthur T. Knabe, Cincinnati, Ohio, for Rexall Drug Co.

Robert T. Keeler, Cincinnati, Ohio, for Eli Lilly Co.

Frank C. Woodside, III, Cincinnati, Ohio, for Abbott Laboratories.

Jacob K. Stein, Cincinnati, Ohio, for Merck, Sharpe & Dohme.

Frederick J. McGavran, Cincinnati, Ohio, for Upjohn Co.


SPIEGEL, District Judge:

This action is before the Court on defendants' motion for partial summary judgment and motion for judgment on the pleadings (doc. 67), plaintiffs' memorandum in opposition (doc. 75), and defendants' reply. For the foregoing reasons, we find that defendants' motions should be granted.

The narrow question which we must decide is whether there is "no genuine issue as to any material fact and [whether] the moving party is entitled to a...

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