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U.S. v. ST. LOUIS UNIVERSITY

No. 02-1351.

336 F.3d 294 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. ST. LOUIS UNIVERSITY, a corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 16, 2003.

Attorney(s) appearing for the Case

ARGUED: Mary McElroy Leach, Senior Trial, Counsel, United States Department Of Justice, Washington, D.C., for Appellant. Marc Simon Moller, Kreindler & Kreindler, New York, New York, for Appellee. ON BRIEF: Robert D. McCallum, Jr., Assistant Attorney General, Thomas M. DiBiagio, United States Attorney, Jeffrey Axelrad, Director, Torts Branch, Civil Division, United States Department Of Justice, Washington, D.C.; Daniel E. Troy, Chief Counsel, Eric M. Blumberg, Deputy Chief Counsel for Litigation, Michael N. Druckman, Associate Chief Counsel for Biologics, U.S. Food & Drug Administration, Rockville, Maryland; Alex M. Azar, II, General Counsel, Department Of Health And Human Services, Washington, D.C., for Appellant. Mark R. Dunn, Herzog, Crebs & McGhee, L.L.P., St. Louis, Missouri; Stanley P. Kops, Bala Cynwyd, Pennsylvania; Rex Carr, Carr, Korein, Tillery, Kunin, Montroy & Glass, East St. Louis, Missouri, for Appellee.

Before NIEMEYER, LUTTIG, and TRAXLER, Circuit Judges.

Reversed and remanded by published opinion. Judge TRAXLER wrote the majority opinion, in which Judge NIEMEYER joined. Judge LUTTIG wrote a dissenting opinion.

OPINION

TRAXLER, Circuit Judge:

St. Louis University ("SLU") paid a $16 million Missouri state-court judgment to the family of a boy who became paralyzed after receiving Orimune, an oral polio vaccine. SLU sought contribution from American Cyanamid, the parent company of the vaccine manufacturer...

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