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VALENTINO v. CARTER-WALLACE, INC.

No. 95-15935.

97 F.3d 1227 (1996)

Monica VALENTINO; Michael A. Hackard; Hugo S. Jennings; Wanda S. O'Connor, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. CARTER-WALLACE, INC.; Wallace Laboratories, a division of Carter-Wallace, Inc., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 7, 1996.

Attorney(s) appearing for the Case

Stephen R. Lang, Whitman, Breed, Abbott & Morgan, New York City, for defendants-appellants.

Elizabeth J. Cabraser and William B. Hirsch, Lieff, Cabraser, Heimann & Bernstein, San Francisco, California; Arthur Sherman, Sherman, Dan & Portugal, Beverly Hills, California, for plaintiffs-appellees.

Before: SCHROEDER and TROTT, Circuit Judges, and REED, District Judge.

SCHROEDER, Circuit Judge:

This is an interlocutory appeal from a district court order under Fed.R.Civ.P. 23 conditionally certifying a nationwide plaintiff class and subclass in a products liability case against the manufacturer of a drug used for the treatment of epilepsy. The jurisdiction of the district court was grounded on diversity, and our jurisdiction is pursuant to certification under 28 U.S.C. § 1292(b).

The drug in question, known as Felbatol...

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