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TEDFORD v. WARNER-LAMBERT CO.

No. 02-10582.

327 F.3d 423 (2003)

Jeretta Kay TEDFORD, Plaintiff-Appellant, v. WARNER-LAMBERT CO.; Parke-Davis Division of Warner-Lambert Co.; Parke-Davis Pharmaceuticals, Ltd.; Sankyo Parke-Davis; Pfizer, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 7, 2003.

Attorney(s) appearing for the Case

Sharon S. McCally (argued), Storey, Moore & McCally, Houston, TX, for Plaintiff-Appellant.

Jack E. Urquhart, Jeffery Taylor Nobles (argued), Beirne, Maynard & Parsons, Houston, TX, David Wesley Klingsberg, Kaye, Scholer, Fierman, Hays & Handler, New York City, Sawnie A. McEntire, Beirne, Maynard & Parsons, Dallas, TX, for Defendants-Appellees.

Before REAVLEY, JOLLY and JONES, Circuit Judges.

REAVLEY, Circuit Judge:

Jeretta Kay Tedford sued Warner-Lambert Co., the maker of the pharmaceutical Rezulin, in a Texas court. Tedford took Rezulin to treat her Type-2 diabetes and alleges that the drug caused her liver to fail. One year and ten days after Tedford filed suit, Warner-Lambert removed the action to federal court. Convinced that Tedford had engaged in forum manipulation, the district court denied Tedford's motion to remand despite the removal statute...

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