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DOE v. CUTTER BIOLOGICAL, A DIV. OF MILES INC.

Civ. No. 92-0434-S-HLR.

844 F.Supp. 602 (1994)

John DOE, Plaintiff, v. CUTTER BIOLOGICAL, A DIVISION OF MILES INC.; Miles Laboratories, Inc.; and Armour Pharmaceutical Corporation, Defendants.

United States District Court, D. Idaho.

February 24, 1994.

Attorney(s) appearing for the Case

Robert Huntley and Stephanie Westermeier, Givens Pursley Webb & Huntley, Boise, ID, Charles R. Kozak, Kaneohe, HI, for plaintiff.

Richard E. Hall and John J. Burke, Hall Farley Oberrecht & Blanton, Boise, ID, Dexter Louis and Duncan Barr, O'Connor Cohn Dillon & Barr, San Francisco, CA, for defendants Cutter Biological, Miles Inc., Miles Laboratories, Inc.

Stephen R. Thomas, Moffatt Thomas Barrett Rock & Fields, Boise, ID, Douglas F. Fuson and Sara J. Gourley, Sidley & Austin, Chicago, IL, for defendant Armour Pharmaceutical Corp.

AMENDED ORDER ON MOTIONS FOR SUMMARY JUDGMENT AND PLAINTIFF'S MOTIONS TO AMEND

RYAN, Senior District Judge.

I. FACTS AND PROCEDURE

Plaintiff John Doe is a hemophiliac. Because of his condition, John Doe received a clotting agent known as Factor VIII which facilitates the clotting of blood in hemophiliacs.

In December of 1991, John Doe tested positive for the HIV virus. On October 30, 1992, John Doe commenced this...

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