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FASER v. SEARS, ROEBUCK & CO.

No. 81-7358 Non-Argument Calendar.

674 F.2d 856 (1982)

Frederick M. FASER, et al., Plaintiffs-Appellants, Cross-Appellees, v. SEARS, ROEBUCK & CO., Defendant & Third Party Plaintiff-Appellee, v. Leonard FISHMAN, Third Party Defendant & Fourth Party Plaintiff-Appellee, Cross-Appellant, v. The UPJOHN COMPANY, a corporation, Fourth Party Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 30, 1982.

Attorney(s) appearing for the Case

Robert John White, Atlanta, Ga., Edward J. Walsh, Decatur, Ga., for plaintiffs-appellants, cross-appellees.

Ronald L. Reid, Alston, Miller & Gaines, Jay D. Bennett, Atlanta, Ga., for Sears, Roebuck & Co.

Long, Weinberg, Ansley & Wheeler, Robert G. Tanner, Henry D. Green, Jr., Atlanta, Ga., for Fishman.

Powell, Goldstein, Frazer & Murphy, John A. Gilleland, Atlanta, Ga., for Upjohn Co.

Before MORGAN, JOHNSON and HENDERSON, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

This appeal involves a claim by Frederick M. Faser and his father for damages allegedly caused by a prescription drug known as Cleocin. Jurisdiction is based on diversity of citizenship of the parties. 28 U.S.C. § 1332. In February of 1973, Frederick M. Faser was given a prescription for Cleocin, an antibiotic, by his physician, Dr. Leonard Fishman, for treatment of acne. The prescription...

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