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McPHERON v. SEARLE LABORATORIES, INC.

No. 88-3611.

888 F.2d 31 (1989)

Linda McPHERON, etc., et al., Plaintiffs, Linda McPheron Hodges, Plaintiff-Appellant, v. SEARLE LABORATORIES, INC., et al., Defendants-Appellees. Linda McPheron HODGES, Plaintiff-Appellant, v. Edgardo LEONIDAS, Defendant, Parkash K. Sehdeva, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 14, 1989.

Attorney(s) appearing for the Case

Russell L. Dornier, Gary, Field, Landry & Dornier, Baton Rouge, La., for plaintiff-appellant.

Bruce J. Toppin, and Steward E. Niles, Jr., New Orleans, La., for Searle Laboratories.

Charles Souha, Denver, Colo., William E. Hodgkins, and Gerald L. Walter, Jr., Schwab & Walter, Baton Rouge, La., for Dr. Sehdeva.

Before BROWN, WILLIAMS and JOLLY, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

The appeal in this diversity case presents important questions of Louisiana state law that are particularly appropriate for consideration by the Louisiana Supreme Court. At issue is whether the Cu-7 intrauterine device manufactured by appellee G.D. Searle & Co. should be treated as a prescription drug under the Louisiana law of products liability. The case also raises a question regarding the scope of protection from strict liability...

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