No. 95-4924.

131 F.3d 1447 (1997)

Susan F. WOOD, individually and as Personal Representative of the Estate of Bettie W. Wood, and Jonathan H. Wood, Jr., Plaintiffs-Appellants, v. ELI LILLY AND COMPANY, a New Jersey corporation, and Upjohn Company, Inc., a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 29, 1997.

Attorney(s) appearing for the Case

Ben J. Weaver, Ft. Lauderdale, FL, for Plaintiffs-Appellants.

Hugh J. Turner, English, McCaughan & O'Bryan, P.A., Ft. Lauderdale, FL, for Defendants-Appellees.

R. Kimbark Lee, John A. Reed, Orlando, FL, for Upjohn.

James J. Dillon, Goodwin, Proctor & Hoar, Boston, MA, for Eli Lilly.

Before HATCHETT, Chief Judge, DUBINA, Circuit Judge, and COHILL, Senior District Judge.


This case comes before this court on appeal from the United States District Court for the Southern District of Florida. We have jurisdiction over a final decision of a district court pursuant to 28 United States Code § 1291.

The Appellants in the above-captioned appeal, are the Estate of Bettie W. Wood, Susan F. Wood and Jonathan H. Wood. Their mother took the drug Diethylstilbestrol ("DES") during her three pregnancies. The ingestion took...

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