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ASHLEY COUNTY, ARK. v. PFIZER, INC.

No. 08-1491.

552 F.3d 659 (2009)

ASHLEY COUNTY, ARKANSAS; Benton County, Arkansas; Cleburne County, Arkansas; Faulkner County, Arkansas, Plaintiffs, Independence County, Arkansas; Chicot County, Arkansas; Conway County, Arkansas; Cross County, Arkansas; Fulton County, Arkansas; Jackson County, Arkansas; Lawrence County, Arkansas; Izard County, Arkansas; Monroe County, Arkansas; Nevada County, Arkansas; Pulaski County, Arkansas; Sevier County, Arkansas; Sharp County, Arkansas; Stone County, Arkansas; Woodruff County, Arkansas; Union County, Arkansas, Plaintiff-Appellants, v. PFIZER, INC.; PDK Labs, Inc.; Warner Lambert Company, LLC; Johnson & Johnson; Perrigo Company; John Does, 1 through 10, Defendant-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 5, 2009.

Attorney(s) appearing for the Case

Brian Gene Brooks, argued, Greenbrier, AR, James J. Thompson, Jr., and Nolan E. Awbrew, Birmingham, AL, James A. Simpson, Jr., Searcy, AR, and John M. Belew and Steve Bell, Batesville, AR, on the brief, for appellant.

William F. Northrip, argued, Kansas City, MO, G. Spence Fricke, Little Rock, AR, on the brief, for appellees, Pfizer, Inc., Warner Lambert and Johnson & Johnson.

Stephen E. Scheve and A. Kyle Harris, Houston, TX, and Blair Arnold, Batesville, AR, on the brief, for appellee, Perrigo Company.

Before RILEY, HANSEN, and MELLOY, Circuit Judges.

HANSEN, Circuit Judge.

Twenty individual counties in Arkansas brought this civil suit against Pfizer, Inc., PDK Labs, Inc., Warner Lambert Company, LLC, Johnson & Johnson, Perrigo Company, and various John Does (collectively "Defendants"),1 each of whom manufactures or distributes products containing ephedrine or pseudoephedrine. The complaint sought compensation to recoup the costs expended...

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