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GARSIDE v. OSCO DRUG, INC.

No. 91-1915.

976 F.2d 77 (1992)

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

United States Court of Appeals, First Circuit.

Decided September 30, 1992.

Attorney(s) appearing for the Case

Andrew C. Schultz with whom Field & Schultz, Boston, Mass., was on brief, for plaintiffs, appellants.

Daniel J. Lyne with whom Hanify & King, P.C., Boston, Mass., was on brief, for defendant, appellee McKesson Corp.

Before TORRUELLA and STAHL, Circuit Judges, and HORNBY, District Judge.

STAHL, Circuit Judge.

In this "failure to warn" case, plaintiffs-appellants Maryanne Garside and her daughter, Milissa, appeal the district court's entry of summary judgment in favor of defendant-appellee McKesson Corporation ("McKesson"). Because we conclude that the district court's entry of summary judgment was premature, we reverse.

I. STANDARD OF REVIEW

Summary judgment is appropriate where "the pleadings, depositions, answers to interrogatories...

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