Jennifer SPENCE, individually and as surviving spouse of Wynne Spence, deceased, Plaintiff-Appellant, Cross-Appellee,
v.
MILES LABORATORIES, INC., individually and doing business as Cutter Laboratories, Defendant-Appellee, Cross-Appellant,
Attorney General, State of Tennessee, Intervenor.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued May 3, 1994.
Decided October 19, 1994.
Attorney(s) appearing for the Case
Jerry H. Summers, Summers, McCrea & Wyatt, Jeffrey D. Boehm (argued and briefed), O'Neal, Walker & Boehm, Chattanooga, TN, for plaintiff-appellant, cross-appellee.
Louis J. Miller (briefed), Louis F. Allen (briefed), Waring Cox, Memphis, TN, Terry O. Tottenham (argued and briefed), Fulbright & Jaworski, Austin, TX, Geoffrey R.W. Smith (briefed), McDermott, Will & Emery, Washington, DC, for defendant-appellee, cross-appellant.
Jennifer Helton Small, Asst. Atty. Gen. (briefed), Sue A. Sheldon (argued), Office of the Atty. Gen., Gen. Civ. Div., Nashville, TN, for intervenor.
Before: KEITH and SUHRHEINRICH, Circuit Judges; and JOINER, District Judge.
United States Court of Appeals, Sixth Circuit.
SUHRHEINRICH, Circuit Judge.
I. Introduction
In March of 1990, Wynne Spence, a hemophiliac, was diagnosed with AIDS. Wynne and his wife Jennifer brought suit against defendant Miles Laboratories, Inc., individually and doing business as Cutter Laboratories, claiming Wynne had contracted the disease from a blood-clotting factor manufactured by Miles. The district court granted summary judgment to Miles, ruling that...
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