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BERNHARDT v. RICHARDSON-MERRELL, INC.

No. DC85-39-B-D.

723 F.Supp. 1188 (1988)

Dana Michelle BERNHARDT, an infant, By and Through her natural guardians and parents, Brenda and Frederic BERNHARDT, and Brenda and Frederic Bernhardt, Plaintiffs, v. RICHARDSON-MERRELL, INC. and John Doe, Defendants.

United States District Court, N.D. Mississippi, Delta Division.

On Motion to Reconsider April 24, 1989.

On Motion to Reconsider and Motion to Strike June 23, 1989.

Attorney(s) appearing for the Case

Barry J. Nace, Washington, D.C., Charles M. Merkel, Clarksdale, Miss., for plaintiffs.

Christy D. Jones, Jackson, Miss., Frank Woodside, K.C. Green of Dinsmore & Shohl, Cincinnati, Ohio, for defendants.

ORDER DENYING MOTION FOR SUMMARY JUDGMENT

BIGGERS, District Judge.

The court has before it the motion of the defendant Merrell Dow Pharmaceuticals, Inc. for summary judgment to dismiss this action. Having read the parties' memoranda, examined the evidence and being fully advised of the premises, the court is in a position to rule on the merits.

As a basis for this motion, the defendant relies upon the medical opinion of Dr. John F. Jackson, who assumed...

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