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BURGESS v. COLORADO SERUM CO., INC.

No. 84-7007.

772 F.2d 844 (1985)

Dr. Walter BURGESS and Mrs. Walter H. Burgess, Plaintiffs-Appellants, v. COLORADO SERUM COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied November 21, 1985.

Attorney(s) appearing for the Case

William W. Smith, Robert W. Beasley, Birmingham, Ala., for plaintiff-appellant.

J. Michael Crouch, Birmingham, Ala., for defendant-appellee.

Before GODBOLD, Chief Judge, ANDERSON, Circuit Judge, and THORNBERRY, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied November 21, 1985.

THORNBERRY, Senior Circuit Judge:

Plaintiff-appellant Dr. Walter Burgess, a veterinarian, brought this action against Colorado Serum Company in Alabama state court. He alleged that he suffered injuries as a result of Colorado Serum's failure to warn of the dangers posed to humans by accidental injection of brucellosis vaccine. Colorado Serum removed the case to federal district court and moved for summary...

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