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SYMENS v. SMITHKLINE BEECHAM CORP.

Nos. 98-1055, 98-1056.

152 F.3d 1050 (1998)

Richard SYMENS; Joyce Symens, Plaintiffs-Appellees, v. SMITHKLINE BEECHAM CORPORATION, Defendant-Appellant. Ivan SJOVALL, Plaintiff-Appellee, v. SMITHKLINE BEECHAM CORPORATION, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 27, 1998.

Attorney(s) appearing for the Case

Scott A. Smith, Minneapolis, MN, argued (Patrick A. Reinken and Duana J. Grace, Minneapolis, MN, and William F. Day, Jr. and R. Alan Peterson, Sioux Falls, SD, on the brief), for defendant-appellant.

James A. Davis, Fremont, NE, argued (Michael Dowd, Omaha, NE, and Danny R. Smeins, Britton, SD, on the brief), for plaintiffs-appellees.

Before LOKEN, GODBOLD, and HEANEY, Circuit Judges.

LOKEN, Circuit Judge.

In the last half of 1992, cattle feedlot operators Richard and Joyce Symens and Ivan Sjovall vaccinated their cattle with "BoviShield 4" and "Ultrabac-7/Somubac," vaccines manufactured by SmithKline Beecham Corporation (SBC). They commenced these diversity actions, alleging that the cattle "contracted debilitating and mortal infections and diseases" from the vaccines, and asserting South Dakota common law claims for strict liability, breach of...

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