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McELHANEY v. ELI LILLY & CO.

No. 83-2710.

739 F.2d 340 (1984)

Patricia McELHANEY, Appellant, v. ELI LILLY & CO., etc., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 17, 1984.

Rehearing Denied August 23, 1984.

Attorney(s) appearing for the Case

Rick Johnson, Johnson, Eklund & Davis, Gregory, S.D., Jana Miner, Rapid City, S.D., for appellant.

Woods, Fuller, Shultz & Smith, William G. Taylor, Sioux Falls, S.D., Shook, Hardy & Bacon, Lane D. Bauer, Andrew See, Kansas City, Mo., for appellee Eli Lilly & Co.

Before ARNOLD and FAGG, Circuit Judges, and DUMBAULD, Senior District Judge.

Rehearing en banc Denied August 23, 1984.

PER CURIAM.

In this action for strict liability in tort, plaintiff Patricia McElhaney claims to have sustained injuries as a result of her mother's taking the prescription drug diethylstilbestrol (DES) during her pregnancy in 1949. The defendant Eli Lilly & Company conceded that it manufactured the particular DES taken by the plaintiff's mother.

Prior to trial, plaintiff indicated to the District Court...

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