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IN RE SWINE FLU PRODUCTS LIABILITY LITIGATION

No. 84-4082.

764 F.2d 637 (1985)

In re SWINE FLU PRODUCTS LIABILITY LITIGATION. Monte SANBORN, Plaintiff-Appellant, v. UNITED STATES of America; and Wyeth Laboratories, Inc., a New York corporation doing business in Idaho, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 25, 1985.

Attorney(s) appearing for the Case

Randolph E. Farber, Boise, Idaho, for plaintiff-appellant.

Cathy R. Silak, Boise, Idaho, for defendants-appellees.

Before HUG, FARRIS, and BOOCHEVER, Circuit Judges.

FARRIS, Circuit Judge:

Monte Sanborn appeals the grant of summary judgment in the District Court of Idaho, Callister, J., in which the district court found that Sanborn's wrongful death claim was time-barred. Sanborn had brought a Federal Tort Claims Act wrongful death and survival action against the United States and Wyeth Laboratories, the administrator and the manufacturer of the swine flu vaccine which allegedly resulted in the death of Sanborn's wife. See...

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