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PAPAS v. UPJOHN CO.

No. 89-3752.

926 F.2d 1019 (1991)

Minas H. PAPAS, Ollie M. Papas, his wife, Plaintiffs-Appellants, v. The UPJOHN COMPANY, a Delaware corporation qualified to do business in the State of Florida, Zoecon Corporation, a Delaware corporation currently doing business in the State of Florida, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 28, 1991.

Attorney(s) appearing for the Case

Lee S. Haramis, and Dana G. Bradford, II, Baumer, Bradford & Walters, P.A., Jacksonville, Fla., for plaintiffs-appellants.

Angela J. Nicita, Chambers, Steiner, Mazur, Ornstein & Amlin, P.C., Detroit, Mich. and Arthur H. Bryant, Washington, D.C., for amicus State of Fla.

Lawrence S. Ebner, McKenna & Cuneo, Washington, D.C., Frank W. Hession and Robert B. Guild, Matthews & Hession, Jacksonville, Fla., for Zoecon Corp.

Michael I. Coulson, Howell, Liles, Braddock & Milton, Jacksonville, Fla., for Upjohn Corp.

John J. Weinholtz, Peter D. Braun and Paul F. Jones, Buffalo, N.Y., for Reichhold.

Joshua Kardisch, Rivkin Radler Dunne & Bayh, Uniondale, N.Y. and Peter Jennings, Midland, Mich., for Dow Chemical.

Before ANDERSON and EDMONDSON, Circuit Judges, and MORGAN, Senior Circuit Judge.

PER CURIAM:

Minas and Ollie Papas ("Papas") filed a diversity action in federal district court against the Upjohn Company and Zoecon Corporation. The complaint alleged that Minas, while working for a humane society, had applied certain pesticides manufactured by Upjohn and Zoecon to dogs to rid the dogs of fleas, ticks, and other pests. The complaint also alleged that these chemical products caused him to suffer health problems. The complaint sounded in negligence...

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