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POOLE v. ALPHA THERAPEUTIC CORP.

No. 86 C 7623.

698 F.Supp. 1367 (1988)

Peggy POOLE, etc., et al., Plaintiffs, v. ALPHA THERAPEUTIC CORPORATION, etc., et al., Defendants.

United States District Court, N.D. Illinois, E.D.

April 13, 1988.

Attorney(s) appearing for the Case

Debra A. Thomas, Leonard M. Ring, Leonard M. Ring and Associates, Chicago, Ill., for plaintiffs.

John D. Kuhn, Brinton & Bollinger, Chicago, Ill., for Alpha Therapeutic Corp.

Pamela L. Gellen, Nancy T. O'Shaughnessy, Johnson, Cusack & Bell, Ltd., for Miles Laboratories, Inc.

Douglas F. Fuson, Alan B. Silverberg, Sidley & Austin, Chicago, Ill., for Armour Pharmaceutical Co.

Charles C. Albert, John P. Scotellaro, Bell Boyd & Lloyd, Chicago, Ill., for defendants.

MEMORANDUM AND ORDER

MORAN, District Judge.

Defendants move to dismiss five counts of plaintiffs' eight-count complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. These counts are as follows: counts III and VI state claims for relief based on strict products liability; counts II and V seek punitive damages, II under the Illinois Survival Act and V under the Illinois Wrongful Death Act; and count VIII asserts a claim on behalf of Peggy...

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