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GUTWEIN v. ROCHE LABORATORIES

No. 1207, Docket 84-7009.

739 F.2d 93 (1984)

Jacob Isaac GUTWEIN, Rachel Gutwein, Plaintiffs-Appellants, v. ROCHE LABORATORIES, DIVISION OF HOFFMAN-LA ROCHE, INC., and Roche Products, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 13, 1984.

Attorney(s) appearing for the Case

Anthony Motta, New York City (Kieffer & Hahn, New York City), for plaintiffs-appellants.

Steven B. Prystowsky, New York City (Allan Fudim, Lester, Schwab, Katz & Dwyer, New York City), for defendants-appellees.

Before FRIENDLY and WINTER, Circuit Judges, and LASKER, Senior District Judge.

WINTER, Circuit Judge:

Jacob and Rachel Gutwein1 appeal from a grant of summary judgment on their claim that a drug manufactured and distributed by the defendants caused Mr. Gutwein's blindness. Because the Gutweins were not afforded the full ten-day notice period required by Rule 56(c), Fed.R.Civ.P., before the district court granted summary judgment, we reverse and remand.

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