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WILSON v. MERRELL DOW PHARMACEUTICALS, INC.

No. 97-5114.

160 F.3d 625 (1998)

Charles WILSON and Patricia Wilson, as parents and next friends of Brian Wilson, a minor, and Charles Wilson and Patricia Wilson, individually, v. MERRELL DOW PHARMACEUTICALS, INC., a subsidiary of the Dow Chemical Company, Merrell National Laboratories, Inc., Richardson-Merrell, Inc., and Subsidiaries Thereof, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 12, 1998.

Attorney(s) appearing for the Case

Kenneth J. Chesebro, Cambridge, Massachusetts, (Barry J. Nace, Paulson, Nace & Norwind, Washington, DC, and Jack D. Crews, Tulsa, Oklahoma, with him on the briefs) appearing for the appellants.

George E. Berry, Dickson, Carlson & Campillo, Santa Monica, California, (Robert L. Dickson, Hall R. Marston, Dickson, Carlson & Campillo, and Dan A. Rogers, Dan A. Rogers & Associates, P.C., Tulsa, Oklahoma, with him on the brief) appearing for the appellee.

Before TACHA, Circuit Judge, LUCERO, Circuit Judge, and McWILLIAMS, Senior Circuit Judge.

McWILLIAMS, Senior Circuit Judge.

This 16-year old controversy necessarily has a rather lengthy chronology, which, nonetheless, should be recounted in some detail if the reader is to view the present issues in context.

On July 15, 1982, Charles and Patricia Wilson, individually and as parents and next friends of their son, Brian Wilson, a minor, filed in the United States District Court for the Northern District of Oklahoma a complaint based on negligence...

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