SEGURA v. ABBOTT LABORATORIES, INC.

No. 3-93-319-CV.

873 S.W.2d 399 (1994)

Crystal SEGURA, Teri Norton, Sherri Chretien, Janice Kimler, Tessia Innocenti, Angela Christine Maroney, Melissa Whittaker Duran, Tracey Freezia Leudeman, on Behalf of Themselves and All Others Similarly Situated, Appellants v. ABBOTT LABORATORIES, INC. (Ross Laboratories Division), Bristol-Myers Squibb Company, Mead Johnson & Company, and American Home Products Corporation (Wyeth-Ayerst Laboratories Division), Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled May 4, 1994.


Attorney(s) appearing for the Case

Philip K. Maxwell, Longley & Maxwell, L.L.P., Austin, for appellant.

Brian S. Greig, Fulbright & Jaworski, L.L.P., Austin, for Abbott Laboratories and Ross Laboratories.

Louis P. Bickel, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Dallas, for American Home Products Corp. and Wyeth-Ayerst Laboratories.

D.L. (Lin) Hughes, McGinnis, Lochridge & Kilgore, Austin, for Bristol-Myers Squibb Co. and Mead Johnson & Co.

Before POWERS, JONES and KIDD, JJ.


JONES, Justice.

Crystal Segura and others,1 on behalf of themselves and all others similarly situated ("plaintiffs"), appellants, intervened as plaintiffs in an antitrust suit originally brought by the State of Texas against several defendants. Asserting claims of unconscionable conduct under the Texas Deceptive Trade Practices-Consumer Protection Act ("DTPA"), Tex.Bus. & Com.Code Ann. §§ 17.41-.63 (West 1987 & Supp.1994...

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