ELI LILLY AND CO. v. HOME INS. CO.

No. 84-5391.

794 F.2d 710 (1986)

ELI LILLY AND COMPANY v. HOME INSURANCE COMPANY, et al. Firemen's Fund Insurance Company, Appellant.

United States Court of Appeals, District of Columbia Circuit.

June 24, 1986.


Attorney(s) appearing for the Case

George Marshall Moriarty, Kenneth W. Erickson, Boston, Mass., Michael Nussbaum, Earl C. Dudley, Jr., Dennis M. Flannery, A. Stephen Hut, Jr., Washington, D.C., Sheila L. Birnbaum, New York City, Lawrence E. Carr, Jr., James F. Lee, Jr., Washington, D.C., James E. Rocap, III, Indianapolis, Ind., Stephen L. Nightingale, Washington, D.C., James P. Schaller, M. Elizabeth Medaglia, Brendan V. Sullivan, Jr., John J. Buckely, Jr., R. Harrison, Pledger, William John Hickey, Jr., Richard H. Gimer, Brian C. Shevlin, James C. Gregg and James E. Greene were on the supplemental brief following remand for appellants.

Theodore R. Boehm, Christopher G. Scanlon, Indianapolis, Ind., Ralph Earle II, and Michael A. Nardolilli, Washington, D.C., were on the supplemental brief following remand for appellee.

Before EDWARDS and SCALIA, Circuit Judges, and WRIGHT, Senior Circuit Judge.


Opinion for the court filed by Senior Circuit Judge WRIGHT.

J. SKELLY WRIGHT, Senior Circuit Judge:

In Eli Lilly & Co. v. Home Ins. Co., 764 F.2d 876 (D.C.Cir.1985) (Eli Lilly I), this court certified several legal questions to the Supreme Court of Indiana concerning the scope of insurance coverage for the manufacturer of the drug DES. The Indiana court having issued an opinion answering our questions, the...

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