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MERRELL DOW PHARMACEUTICALS v. OXENDINE

No. 90-535.

593 A.2d 1023 (1991)

MERRELL DOW PHARMACEUTICALS, INC., Appellant, v. Mary Virginia OXENDINE, Appellee.

District of Columbia Court of Appeals.

Decided June 25, 1991.

Attorney(s) appearing for the Case

Walter A. Smith, Jr., with whom Vincent H. Cohen, Alphonso A. Christian II, and Stephen G. Vaskov were on the brief, Washington, D.C., for appellant.

Barry J. Nace, with whom Irving R.M. Panzer was on the brief, Washington, D.C., for appellee.

Before STEADMAN, Associate Judge, BELSON, Associate Judge, Retired, and MACK, Senior Judge.

STEADMAN, Associate Judge:

The issue in this appeal, the third that has been taken in this long-running litigation, is whether a trial court may enter an immediately enforceable and appealable "final judgment" under Super.Ct.Civ.R. 54(b) on a claim where the question of punitive damages remains to be tried. We hold that it has no such power under the rule or otherwise.

I

In February of 1982, appellee Mary Oxendine brought a product liability action...

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