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AMERICAN CYANAMID CO. v. ST. LOUIS UNIVERSITY

No. 02-1235.

336 F.3d 307 (2003)

AMERICAN CYANAMID COMPANY, Plaintiff-Appellee, v. ST. LOUIS UNIVERSITY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 16, 2003.

Attorney(s) appearing for the Case

ARGUED: Marc Simon Moller, Kreindler & Kreindler, New York, New York, for Appellant. David Patrick Donovan, Wilmer, Cutler & Pickering, McLean, Virginia, for Appellee. ON BRIEF: 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 Appellant. Roger W. Yoerges, Wilmer, Cutler & Pickering, Washington, D.C., for Appellee.

Before NIEMEYER, LUTTIG, and TRAXLER, Circuit Judges.

Affirmed by published opinion. Judge TRAXLER wrote the majority opinion, in which Judge NIEMEYER joined. Judge LUTTIG wrote a concurring 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, and SLU now seeks contribution from American Cyanamid Company, the parent company of the vaccine manufacturer...

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