KOLLER BY AND THROUGH KOLLER v. RICHARDSON-MERRELL

No. 84-5039.

737 F.2d 1038 (1984)

Anne Elisabeth KOLLER, an infant, By and Through John Lamont KOLLER and Cynthia Anne Koller, her natural guardians, et al. James G. Butler, Nicholas R. Allis and the law firm of Butler, Jefferson, Dan & Allis, Appellants, v. RICHARDSON-MERRELL INC., a Delaware Corporation.

United States Court of Appeals, District of Columbia Circuit.

Decided May 29, 1984.

As Amended July 16, 1984.

Certiorari Granted October 15, 1984.


Attorney(s) appearing for the Case

Jacob A. Stein, Washington, D.C., with whom Robert Muse and Robert M. Weinberg, Washington, D.C., were on the brief, for appellants.

Lawrence E. Walsh, Oklahoma City, Okl., with whom Richard C. Ford, Oklahoma City, Okl., Guy M. Struve, Whitney L. Schmidt, New York City, Vincent H. Cohen and Robert B. Cave, Washington, D.C., were on the brief, for appellee, Richardson-Merrell Inc.

Boisfeuillet Jones, Jr. and Carol D. Melamed, Washington, D.C., were on the brief for amicus curiae, Washington Post Company, urging reversal.

Anthony Z. Roisman, Washington, D.C., was on the brief for amicus curiae, Trial Lawyers for Public Justice, urging reversal.

Stephen H. Glickman and Arthur B. Spitzer, Washington, D.C., were on the brief for amicus curiae, American Civil Liberties Union Fund of the National Capitol Area, urging reversal.

Barry J. Nace, Washington, D.C., entered an appearance for amicus curiae, Association of Plaintiff's Trial Attorneys of Metropolitan Washington, D.C., urging reversal.

Before WALD and MIKVA, Circuit Judges, and RICHEY, United States District Judge for the District of Columbia.


Certiorari Granted October 15, 1984. See 105 S.Ct. 290.

Opinion for the Court filed by Circuit Judge WALD.

Concurring opinion filed by District Judge CHARLES R. RICHEY.

WALD, Circuit Judge:

This appeal arises out of a lawsuit filed in May, 1980, in which plaintiffs Cynthia and John Koller and their daughter Anne Elizabeth Koller allege that Mrs. Koller's ingestion during the first trimester of her pregnancy of the anti-nausea drug Bendectin...

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