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ELLIS v. INTERNATIONAL PLAYTEX, INC.

No. 83-1275.

745 F.2d 292 (1984)

Jefferey Dale ELLIS, Administrator of the Estate of Margaret Ann Ellis, deceased, Appellant, v. INTERNATIONAL PLAYTEX, INC., a Delaware Corporation, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 25, 1984.

Attorney(s) appearing for the Case

Henry E. Howell, Jr., Henry E. Howell, III, Norfolk, Va. (Howell, Anninos, Daugherty, Brown & Lawrence, Norfolk, Va., on brief), for appellant.

William H. Robinson, Jr., Richmond, Va. (Lucie Adele Baker, McGuire, Woods & Battle, Richmond, Va., Charles M. McCaghey, Glenn J. Pogust, Olwine, Connelly, Chase, O'Donnell & Weyher, New York City, on brief), for appellee.

Before RUSSELL and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

ERVIN, Circuit Judge.

Jefferey Dale Ellis, administrator of the estate of his wife, Margaret Ann Ellis, appeals from the district court's denial of a motion for a new trial. Margaret Ellis, a user of Playtex tampons, died unexpectedly in May of 1981. Convinced his wife had died from toxic shock syndrome (TSS), and that the TSS had been induced by a Playtex Super Deodorant tampon, Jefferey Ellis brought a wrongful death action against Playtex International, Inc. After...

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