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ROBERTS v. E.R. SQUIBB & SONS, INC.

No. 80-CV-943.

567 F.Supp. 8 (1982)

Diana M. ROBERTS, Plaintiff, v. E.R. SQUIBB & SONS, INC., Upjohn Co., Rexall Drug Co., Eli Lilly & Co., and Abbott Laboratories, Defendants.

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

July 30, 1982.

Attorney(s) appearing for the Case

Jerome O. Nealon, Binghamton, N.Y., for plaintiff.

Greene, Hershdorfer & Sharpe, Syracuse, N.Y. (Hilbert I. Greene, Syracuse, N.Y., of counsel) and Dewey, Ballantine, Bushby, Palmer & Wood, New York City (Sanford N. Berland, New York City, of counsel), for Lilly.

Kernan & Kernan, Utica, N.Y., for defendant Upjohn; John E. Hunt, Utica, N.Y., of counsel.

Levene, Gouldin & Thompson, Binghamton, N.Y., for defendant Squibb; John J. Carlin, Binghamton, N.Y., of counsel.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

This is a diversity action to recover for personal injuries allegedly suffered by plaintiff as a consequence of in utero or prenatal exposure to DES, a prescription drug manufactured by defendant Lilly and four other defendants. This matter is before the Court on defendant Lilly's motion to dismiss for 1) failure to prosecute and, 2) insufficient service of process. Also before the Court is defendant...

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