SKILL v. MARTINEZ

Nos. 81-2831, 81-2832.

677 F.2d 368 (1982)

Margaret SKILL and Arthur J. Skill, Jr., Husband and Wife, v. G. B. MARTINEZ, M.D., Robert Renza, M.D., and Ortho Pharmaceutical Co., Ortho Pharmaceutical Company, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 10, 1982.


Attorney(s) appearing for the Case

David F. Dobbins, Patterson, Belknap, Webb & Tyler, New York City, Jeanne A. Taylor, Parker, McCay & Criscuolo, P. A., Mount Holly, N. J., for appellant; Frederick T. Davis (argued), Leslie C. Levin, New York City, of counsel.

Norman Perlberger, James R. Kahn (argued), Larry Haft, Philadelphia, Pa., on the brief, Blank, Rome, Comisky & McCauley, Philadelphia, Pa., for appellees.

Before ALDISERT, WEIS and BECKER, Circuit Judges.


OPINION OF THE COURT

ALDISERT, Circuit Judge.

Ortho Pharmaceutical Company appeals from an adverse judgment entered on a jury verdict in a diversity case tried under New Jersey law and asserts three contentions for reversing the trial court: that the trial court improperly instructed the jury in the absence of its counsel, that plaintiffs' counsel improperly made repeated references to an alleged duty of Ortho to warn the public directly and to Ortho's alleged...

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