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ELKINS v. RICHARDSON-MERRELL, INC.

No. 92-6172.

8 F.3d 1068 (1993)

James A. ELKINS, Sr.; Mary Jo Elkins; James A. Elkins, II, Plaintiffs, James Elkins, Jr., Plaintiff-Appellant, v. RICHARDSON-MERRELL, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 20, 1993.

Attorney(s) appearing for the Case

Kenneth J. Chesebro, Cambridge, MA (argued and briefed), Barry J. Nace, Paulson, Nace, Norwind & Sellinger, Washington, DC, George E. Copple, Jr., Nashville, TN, for James Elkins, Jr., plaintiff-appellant.

Frank W. Woodside, III (argued and briefed), Stephen M. Rosenberger, Dinsmore & Shohl, Cincinnati, OH, R. Franklin Norton, Norton & Luhn, Knoxville, TN, Frederick M. Erney, Cincinnati, OH, for defendant-appellee.

Before: GUY and NELSON, Circuit Judges; and WELLFORD, Senior Circuit Judge.

WELLFORD, Senior Circuit Judge.

Once again this court considers a product liability action alleging that Bendectin, a drug manufactured by Richardson-Merrell, Inc., (RMI), caused a severe birth defect. The district court granted summary judgment in RMI's favor based on the similarity between this case and two recent Bendectin cases in this circuit, both of which ended in summary judgment for the defendant. Lee v. Richardson-Merrell, Inc.,

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