No. 93-6274.

38 F.3d 510 (1994)

Debbie WOOD; Roger Wood, Husband and Wife, Plaintiffs-Appellants, v. ELI LILLY & COMPANY; E.R. Squibb & Sons; Norwich Eaton Pharmaceuticals, Inc., an Ohio corporation and a division of Proctor & Gamble Company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 11, 1994.

Attorney(s) appearing for the Case

Robert D. Tomlinson (Kenneth R. Webster and Connie M. Bryan with him on the brief) of McKinney, Stringer & Webster, P.C., Oklahoma City, OK, for plaintiffs-appellants.

Timothy A. Pratt (Laura D. Stith and Michelle R. Mangrum of Shook, Hardy & Bacon; Charles E. Geister, III, of Ryan, Corbyn & Geister, Oklahoma City, OK, with him on the brief) of Shook, Hardy & Bacon, Kansas City, MO, for defendant-appellee Eli Lilly and Co.

Harry A. Woods, Jr., of Crowe & Dunlevy, Oklahoma City, OK, on the brief, for defendant-appellee Procter & Gamble Pharmaceuticals, Inc.

John Denneny and Page Dobson of Holloway, Dobson, Hudson & Bachman, Oklahoma City, OK, on the brief, for defendant-appellee E.R. Squibb & Sons, Inc.

Before ANDERSON and BRORBY, Circuit Judges, and MECHEM, Senior United States District Judge.

BRORBY, Circuit Judge.

This diversity case presents the questions of whether Oklahoma either has or would adopt the tort theories of alternative liability or market share liability in the context of diethylstilbestrol (DES) litigation. We conclude Oklahoma has not adopted either theory and would not apply either theory to the facts of this case. We therefore affirm the judgment of the district court.


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