Legal Opinion

Marie and Donald Ducharme v. Merrill-National Laboratories, and United States of America

Court of Appeals for the Fifth Circuit

Decided June 14, 1978No. 77-3488PublishedCited by 63 opinions

1Per curiam

We affirm the judgment below on the basis of the district court’s memorandum opinion appended.

AFFIRMED.

APPENDIX

(Title Omitted)

No. 770,452

RULING ON MOTIONS

Plaintiffs filed this diversity action against Merrill-National Laboratories for injuries resulting from an adverse reaction to a swine flu vaccine. The basis of their cause of action is Louisiana Civil Code Article 2315.

The United States filed motions under the Swine Flu Act (42 U.S.C. § 247b) to dismiss for failure to exhaust administrative remedies, to substitute United States as sole defendant and an additional motion to stay discovery…

2Cases cited15 opinions

  1. United States v. SherwoodSupreme Court of the United States · 1941
  2. Bolling v. SharpeSupreme Court of the United States · 1954
  3. Reed v. ReedSupreme Court of the United States · 1971
  4. Johnson v. RobisonSupreme Court of the United States · 1974
  5. Glidden Co. v. ZdanokSupreme Court of the United States · 1962

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3Cited by63 opinions

  1. Payton v. Abbott LabsMassachusetts Supreme Judicial Court · 1982
  2. In Re Consolidated United States Atmospheric Testing Litigation, Christina Konizeski v. Livermore Labs, Alice P. Broudy v. United StatesCourt of Appeals for the Ninth Circuit · 1987
  3. Mary E. Hammond, Individually and Mary E. Hammond as She is the of the Estate of Charles E. Hammond v. United StatesCourt of Appeals for the First Circuit · 1986
  4. Arthur C. Payne, Cross-Appellee v. Panama Canal Company, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1979
  5. Wells v. Panola County Bd. of Educ.Mississippi Supreme Court · 1994

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