Service of Process Upon: Resident Agent, the Drug House and Loewhy Drug Company

19. By reason of the foregoing, plaintiff William
F. Miller, Jr. has been damaged in excess of $1S,000,000.
PLAINTIFF WILLIAM F. MILLER JR'S THIRD
CLAIM BASED ON BREACH OF WARRANTY
20. Plaintiff William F. Miller, Jr., repeats and
realleges paragraphs 1-14, 17 and 18 as if fully restated
herein.
21. Prior to the administration of Orimune to the
plaintiffs' infant daughter in 1983, defendants expressly
and/or impliedly warranted that Orimune was of merchantable
quality, fit and safe for purposes for which it was
developed, manufactured, marketed, sold, intended and used
and was free from danger to children ingesting the drug or to
anyone coming in contact with said child.
22. Defendants breached said warranties in that
Orimune was not of merchantable quality, fit and safe for the
purposes for which it was developed, manufactured, sold,
marketed, intended and used and was not safe to persons
coming in contact with person who had been given the vaccine.
23. By reason of the foregoing, plaintiff William
F. Miller, Jr. has been damaged in excess of $15,000,000.
PLAINTIFF WILLIAM F. MILLER, JR'S FOURTH
CLAIM BASED ON STATUTORY VIOLATIONS
24. William F. Miller Jr. repeats and realleges
paragraphs 1-14, 17, 18, 21 and 22 as if fully restated
herein.

7.