IN RE ABBOTT LABORATORIES

Nos. 94-30279, 94-30280.

51 F.3d 524 (1995)

In re ABBOTT LABORATORIES, Bristol-Meyers Squibb Company, Inc. and Mead Johnson & Company, Petitioners. Robin FREE and Renee Free, Plaintiffs-Appellees, v. ABBOTT LABORATORIES, Bristol-Meyers Squibb Company, Inc. and Mead Johnson & Company, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 24, 1995.


Attorney(s) appearing for the Case

William R. D'Armond, Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, Baton Rouge, LA, for Abbott Laboratories.

Phillip A. Wittmann, John M. Landis, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, LA, Douglas D. Broadwater, Max R. Shulman, Cravath, Swaine & Moore, New York City, for Bristol-Meyers & Mead Johnson & Co.

Patrick W. Pendley, Plaquemine, LA, Daniel E. Gustafson, Heins, Mills & Olsen, Minneapolis, MN, Daniel A. Small, Cohen, Milstein, Hausfeld & Toll, Washington, DC, for appellees.

Before HIGGINBOTHAM, SMITH and PARKER, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

This class action brought under the antitrust laws of the State of Louisiana requires that we decide whether the Judicial Improvements Act of 1990 overrules Zahn v. International Paper Co., 414 U.S. 291, 94 S.Ct. 505, 38 L.Ed.2d 511 (1973). We hold today that it does. We agree with the district court that the claims of the class representatives met the requisite amount in controversy and...

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