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DAVID B. LILLY CO., INC. v. FISHER

No. 93-7036, 93-7061.

18 F.3d 1112 (1994)

DAVID B. LILLY COMPANY, INC., v. G. Robert FISHER; Smith, Gill, Fisher and Butts, a Missouri Professional Corporation; Cadwalader, Wickersham and Taft, A Partnership, David B. Lilly Company, Inc., Appellant in No. 93-7036, G. Robert Fisher; Smith, Gill, Fisher and Butts, Appellants in No. 93-7061.

United States Court of Appeals, Third Circuit.

Decided March 16, 1994.

Attorney(s) appearing for the Case

Victor F. Battaglia, (Argued), Francis S. Babiarz, Biggs & Battaglia, Wilmington, DE, for David B. Lilly Co., Inc. appellant in No. 93-7036.

Phebe S. Young, Howard M. Handelman, (Argued), Bayard, Handelman & Murdoch, Wilmington, DE, for G. Robert Fisher; and Smith, Gill, Fisher and Butts, appellants in No. 93-7061.

Stephen E. Herrmann, (Argued), Richards, Layton & Finger, Wilmington, DE, for appellee.

Before: BECKER, NYGAARD and ALITO, Circuit Judges

OPINION OF THE COURT

NYGAARD, Circuit Judge

In this diversity case, David B. Lilly Company, Inc. sued attorney G. Robert Fisher and the law firms of Smith, Gill, Fisher and Butts, and Cadwalader, Wickersham and Taft for professional malpractice. On December 4, 1991, the district court granted Cadwalader's motion for summary judgment and dismissed the Lilly Co.'s claims against it. The district court held that under either New York law or Delaware law, the...

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