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GRAHAM v. WYETH LABORATORIES DIVISION OF AMERICAN HOME PRODUCTS CORP.

Nos. 88-1337, 88-2302, 89-3066 and 89-3121.

906 F.2d 1419 (1990)

Michelle GRAHAM, an infant under the age of eighteen who sues by HER parents, guardians and next friends, Charles GRAHAM and Tammy Graham, Plaintiff-Appellee, v. WYETH LABORATORIES DIVISION OF AMERICAN HOME PRODUCTS CORPORATION, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 25, 1990.

Attorney(s) appearing for the Case

Wayne C. Dabb, Jr. of Baker & Hostetler, Cleveland, Ohio (Debra J. Arnett and Alvin D. Herrington of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., Wichita, Kan., Albert J. Knopp, Mary M. Bittence, and J. Jeffrey Zimmerman of Baker & Hostetler, Cleveland, Ohio, James M. Clark and Fred M. Winner of Baker & Hostetler, Denver, Colo., and Hedy M. Powell of Wyeth-Ayerst Laboratories, Philadelphia, Pa., with him on the brief), for defendant-appellant.

Marlys A. Marshall of Michaud & Hutton, Wichita, Kan. (Andrew W. Hutton of Michaud & Hutton, Wichita, Kan., and Ted M. Warshafsky of Warshafsky, Rotter, Tarnoff, Gesler, Reinhardt & Bloch, Milwaukee, Wis., with her on the brief), for plaintiff-appellee.

Before SEYMOUR, MOORE, and GARTH, Circuit Judges.

SEYMOUR, Circuit Judge.

Defendant Wyeth Laboratories moved pending appeal to disqualify plaintiff Michelle Graham's counsel from further representing her in this products liability litigation because of a purported conflict of interest. We disqualified counsel at oral argument and announced our intention to state our analysis in a published opinion. Upon further study, we now hold that dispositive factual issues remain unresolved on the disqualification issue, necessitating...

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