HENRY v. MERCK AND CO., INC.

Nos. 86-2659, 86-2661.

877 F.2d 1489 (1989)

Gwendolyn C. HENRY and Hilery Henry, Jr., husband and wife, Plaintiffs-Appellees, v. MERCK AND COMPANY, INC., a New Jersey corporation and its wholly owned subdivision, Kelco, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

July 3, 1989.


Attorney(s) appearing for the Case

Edwin W. Ash of Ash, Crew & Reid, Okmulgee, Okl., for plaintiffs-appellees.

Harry M. Crowe, Jr. of Crawford, Crowe & Bainbridge, P.A., Tulsa Okl. (C.T. Harrington, Merck & Co., Inc., San Diego, Cal., with him on the brief), for defendants-appellants.

Before ANDERSON, BALDOCK and EBEL, Circuit Judges.


EBEL, Circuit Judge.

Gwendolyn and Hilery Henry brought this diversity action in the United States District Court for the Eastern District of Oklahoma against Merck & Company, Inc. and its wholly owned subsidiary Kelco (jointly referred to as "Kelco"). The complaint alleged that Kelco negligently stored sulfuric acid, and, as a result, Valerie Jones, one of Kelco's employees, stole the acid, removed it from Kelco's premises, and deliberately threw it in the face...

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