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DOE v. CUTTER LABORATORIES

Civ. A. No. CA-2-87-0113.

703 F.Supp. 573 (1988)

John and Jane DOE, Plaintiffs, v. CUTTER LABORATORIES, A DIVISION OF MILES LABORATORY, INC.; and Miles Laboratories, Inc.; Cutter Biological, Inc., a division of Miles Laboratory, Inc., and Miles Laboratories, Inc., Defendants.

United States District Court, N.D. Texas, Amarillo Division.

February 5, 1988.

Attorney(s) appearing for the Case

Jay Harvey, Tom Upchurch, Jr. & Associates, Amarillo, Tex., for plaintiffs.

Thomas C. Riney, Gibson, Ochsner & Adkins, Amarillo, Tex., Duncan Barr, O'Connor, Cohn, Dillon & Barr, San Francisco, Cal., for defendants.

ORDER

MARY LOU ROBINSON, District Judge.

Before the Court is Defendant's Motion To Dismiss Plaintiff's causes of action in strict liability and breach of implied warranty of fitness in the above-styled and enumerated cause. For the following reasons, the Court agrees that these causes of action should be DISMISSED.

Section 77.003 of the Tex.Civ.Prac. & Rem.Code provides as follows:

(a) A person who donates, obtains, prepares, transplants...

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