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ROCKWELL v. ORTHO PHARMACEUTICAL CO.

No. 80-CV-272.

510 F.Supp. 266 (1981)

Phyllis ROCKWELL and Donald Rockwell, Plaintiffs, v. ORTHO PHARMACEUTICAL CO., Defendant.

United States District Court, N. D. New York.

April 1, 1981.

Attorney(s) appearing for the Case

Jacobs & Jacobs, Stamford, N. Y., for plaintiffs.

Patterson, Belknap, Webb & Tyler, New York City, Coupe, Abend & Connors, Utica, N. Y., for defendant.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

This is a products liability suit brought against the manufacturer of an intrauterine device called Lippes Loop which was intended for use as a means of contraception. Jurisdiction is based upon diversity of citizenship. 28 U.S.C. § 1332. There is now before this Court defendant's motion to dismiss the complaint pursuant to Rule 12(b)(6) of the Fed.R.Civ.P., on the ground

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