Whittington v. Eli Lilly and Company

MEMORANDUM OPINION

KNAPP, District Judge.

The above styled action, commenced in the Common Pleas Court of Kanawha County, West Virginia, was removed to this Court upon motion of the defendant. Subsequent thereto, this Court, on February 2, 1971, denied plaintiffs motion to remand, and on August 5, 1971, the defendant filed a Motion for Summary Judgment based primarily upon two grounds: (1) lack of privity of contract and (2) the nonexistence of any warranty, express or implied. In support of its motion the defendant filed a deposition of Violet V. Whittington, the plaintiff, and affidavits of…