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BOCCI v. KEY PHARMACEUTICALS, INC.

A9210-07050; A86556

35 P.3d 1106 (2001)

178 Or. App. 42

Paul R. BOCCI, Jr., guardian ad litem for Paul R. Bocci, III, an incapacitated individual, Plaintiff, v. KEY PHARMACEUTICALS, INC., a foreign corporation, Schering-Plough Corporation, a foreign corporation, and Schering Corporation, a foreign corporation, Defendants, and Miles, Inc., an Indiana corporation, Miles, Inc., Pharmaceutical Division, an Indiana corporation, Legacy Health System, an Oregon corporation, Legacy Immediate Care Clinic, Frederick D. Edwards, M.D., and The Eugene Clinic, a partnership, Defendants. Frederick D. Edwards, M.D., Respondent, v. Key Pharmaceuticals, Inc., a foreign corporation, Schering-Plough Corporation, a foreign corporation, and Schering Corporation, a foreign corporation, Appellants.

Court of Appeals of Oregon.

November 14, 2001.

Attorney(s) appearing for the Case

William F. Gary, Eugene, James E. Mountain, Jr., Salem, Sharon A. Rudnick, and Harrang Long Gary Rudnick P.C., Eugene, for appellants.

Daniel M. Holland, Ronald B. Terzenbach, Mary H. Spillane, Margaret A. Sundberg, and Williams, Kastner & Gibbs PLLC, Seattle, WA, for respondent.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.

LANDAU, P.J.

This case is before us on remand from the Oregon Supreme Court. Previously, we affirmed by an equally divided court the trial court judgment in favor of defendant Frederick D. Edwards on his cross-claim against defendant Key Pharmaceuticals, Inc. (Key). Bocci v. Key Pharmaceuticals, Inc., 158 Or.App. 521, 974 P.2d 758 (1999) (en banc). The issue on which we divided concerned...

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