Legal Opinion

Fraley v. American Cyanamid Co.

District Court, D. Colorado

Decided August 25, 1983No. Civ. A. 81-K-2071PublishedCited by 11 opinions

1Opinion of the Court

ORDER GRANTING SUMMARY JUDGMENT

KANE, District Judge.

In this products liability case plaintiff Monika Fraley seeks summary judgment on collateral estoppel grounds. Fraley contracted Type II poliomyelitis sometime in 1971, shortly after her daughter had been vaccinated with Orimune polio vaccine on July 13 and July 24,1971. The vaccine was manufactured by Lederle Laboratories, a division of American Cyanamid Company. The parties have stipulated that Fraley contracted poliomyelitis as a result of contact with her child.

By this motion Fraley seeks collaterally to estop Lederle from litigating the…

2Cases cited32 opinions

  1. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  2. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  3. Bernhard v. Bank of America National Trust & Saving AssociationCalifornia Supreme Court · 1942
  4. Heiser v. WoodruffSupreme Court of the United States · 1946
  5. Magnolia Petroleum Co. v. HuntSupreme Court of the United States · 1944

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3Cited by11 opinions

  1. Joseph Gelb v. Royal Globe Insurance CompanyCourt of Appeals for the Second Circuit · 1986
  2. The Petromanagement Corporation, a Nevada Corporation v. Acme-Thomas Joint Venture and J.L. Thomas Engineering, Inc., an Oklahoma CorporationCourt of Appeals for the Tenth Circuit · 1988
  3. Samuel Joesph Tafoya v. Sears Roebuck and Co. And Roper CorporationCourt of Appeals for the Tenth Circuit · 1989
  4. prod.liab.rep. (Cch) P 14,215 Charles G. Koch v. Shell Oil Company and Feed Specialties Co., Inc.Court of Appeals for the Tenth Circuit · 1995
  5. First Amendment Coalition v. Judicial Inquiry & Review BoardDistrict Court, E.D. Pennsylvania · 1984

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