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TONER FOR TONER v. LEDERLE LABORATORIES

No. 84-3906.

779 F.2d 1429 (1986)

David TONER, Guardian ad litem for Kevin TONER, an infant child, and David Toner and Susan Toner, husband and wife, individually, Plaintiffs-Appellees, v. LEDERLE LABORATORIES, a DIVISION OF AMERICAN CYANAMID CO., a corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 7, 1986.

Attorney(s) appearing for the Case

Kenneth L. Pederson, Twin Falls, Idaho, for plaintiffs-appellees.

Robert J. Koontz, Elam, Burke, Evans, Boyd, & Koontz, Boise, Idaho, for defendant-appellant.

Before WRIGHT, KENNEDY, and ANDERSON, Circuit Judges.

KENNEDY, Circuit Judge:

This products liability action involves Tri-Immunol, appellant Lederle Laboratories' triple antigen vaccine used to immunize children against diphtheria, pertussis, and tetanus (DPT). Lederle, the only American distributor of the vaccine, contends that the evidence presented to the jury was insufficient to support a finding that it was negligent in the design, manufacture, and distribution of the vaccine. Resolution of this appeal requires...

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