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BERG v. UNDERWOOD'S HAIR ADAPTION PROCESS, INC.

No. 467, Docket 84-7675.

751 F.2d 136 (1984)

Glen BERG, et al., Plaintiffs, and Jamie Lubin, et al., Plaintiffs-Appellants, v. UNDERWOOD'S HAIR ADAPTION PROCESS, INC., et al., and Kaneka America Corporation and Monsanto Company, Defendants-Appellees. KANEKA AMERICA CORPORATION and Monsanto Company, Third-Party Plaintiffs, v. Christine UNDERWOOD, Third-Party Defendant.

United States Court of Appeals, Second Circuit.

Decided December 26, 1984.

Attorney(s) appearing for the Case

Steven Bennett Blau, New York City (Defina & Blau, P.C., New York City, of counsel), for plaintiffs-appellants.

William F. Sondericker, New York City (Olwine, Connelly, Chase, O'Donnell & Weyher, Robert J. Kochenthal, Jr., New York City, of counsel), for defendant-appellee, Kaneka America Corp.

Joseph M. Costello, New York City (Costello & Shea, New York City, of counsel), for defendant-appellee, Monsanto Co.

Before FEINBERG, Chief Judge, and OAKES and NEWMAN, Circuit Judges.

PER CURIAM:

Plaintiffs-appellants were injured in New York when a licensed medical practitioner implanted synthetic fibers into their scalps as a treatment for baldness. They allege that defendants-appellees, who manufactured or assisted in the distribution of the fibers for use in hairpieces, wigs and other products, are liable on theories of strict products liability and negligence for failing to warn of the hazards of this unintended, but foreseeable, misuse. Appellants...

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