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GARSIDE v. OSCO DRUG, INC.

No. 89-1738.

895 F.2d 46 (1990)

Milissa GARSIDE, et al., Plaintiffs, Appellants, v. OSCO DRUG, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 6, 1990.

Attorney(s) appearing for the Case

Andrew C. Schultz, with whom Mary-Ellen Kennedy and Field & Schultz, Boston, Mass., were on brief, for plaintiffs, appellants.

David R. Geiger, with whom Michael B. Keating, David J. Burgess, and Foley, Hoag & Eliot, Boston, Mass., were on brief, for defendant, appellee, Hoffmann-LaRoche, Inc.

Karen M. Moran, with whom Peter C. Knight, David E. Maglio, and Morrison, Mahoney & Miller, Boston, Mass., were on brief, for defendant, appellee, Beecham, Inc.

Before SELYA, ALDRICH and CYR, Circuit Judges.

SELYA, Circuit Judge.

In this diversity case, appellants calumnize the district court for taking too grudging a view of alternative liability under Massachusetts tort law. But they are attempting to slide into home plate without ever having reached second base.

I

Appellants, plaintiffs below, are Milissa Garside, a minor, and her parents. In April 1982, a physician prescribed amoxicillin to treat Milissa's ear infection. She was simultaneously taking...

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