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SYMENS v. SMITHKLINE BEECHAM CORP.

Civ. No. 94-1036.

19 F.Supp.2d 1062 (1997)

Richard SYMENS and Joyce Symens, Husband and Wife, Plaintiffs, v. SMITHKLINE BEECHAM CORPORATION, a Pennsylvania Corporation; Defendant.

United States District Court, D. South Dakota, Northern Division.

Order Denying Reconsideration December 15, 1997.

Attorney(s) appearing for the Case

Danny R. Smeins, Britton, South Dakota, James Allen Davis, James Allen Davis & Associates, Fremont, Nebraska, for plaintiffs.

William F. Day, Sioux Falls, South Dakota, Alan R. Peterson, Lynn, Jackson, Schultz & Lebrun, Scott A. Smith, Patrick A. Reinken, Hinshaw & Culbertson, Minneapolis, Minnesota, for defendant.

ORDER ON MOTION FOR SUMMARY JUDGMENT

KORNMANN, District Judge.

BACKGROUND

[¶ 1] Plaintiffs are engaged in the feedlot business near Claremont, Marshall County, South Dakota. Beginning in July of 1992, and continuing until December of 1992, plaintiffs injected their cattle with the vaccine Bovishield 4 which was manufactured, tested and marketed by defendant. Plaintiffs contend that, despite vaccination, plaintiffs' cattle and cattle belonging...

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