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RUGGIERO v. WARNER-LAMBERT CO.

Docket No. 04-6674-CV.

424 F.3d 249 (2005)

Anne RUGGIERO, Individually and as Representative of the Estate of Albert Ruggiero, Plaintiff-Appellant, v. WARNER-LAMBERT COMPANY and Parke Davis, Defendants Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 16, 2005.

Attorney(s) appearing for the Case

Ronald R. Benjamin, Law Office of Ronald R. Benjamin, Binghamton, NY, for Appellant.

David Klingsberg, Kaye Scholer LLP, New York, N.Y. (Bert L. Slonim and Steven Glickstein, on the brief), for Appellees.

Before: JACOBS and B.D. PARKER, Circuit Judges, and HURD, District Judge.

DENNIS JACOBS, Circuit Judge.

Plaintiff Anne Ruggiero appeals from a judgment entered by the United States District Court for the Southern District of New York (Kaplan, J.), dismissing on summary judgment a complaint alleging that her husband's cirrhosis and death were caused by Rezulin, a diabetes medication manufactured and sold by defendants Warner-Lambert Co. and Parke Davis ("Defendants"). The ground for dismissal was that Ruggiero failed to produce sufficient...

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