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Tracy v. Merrell Dow Pharmaceuticals

3/27/1991

for a short continuance in order to review the newly produced documents or for leave to recall their experts. Finally, the record reveals that appellees obtained a substantial portion of the disputed records through inquiries in 1985 and 1986 to the United States Food and Drug Administration pursuant to the Freedom of Information Act. The record simply does not support a finding that the trial court abused its discretion when it denied a mistrial.





For the foregoing reasons, we reverse the court of appeals and reinstate the jury verdict in favor of the defendants-appellants.


Judgment reversed.


Moyer, C.J., Holmes, Wright and Resnick, JJ., concur.


Sweeney and Douglas, JJ., concur in judgment only.






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