FREE v. ABBOTT LABORATORIES, INC.

No. 97-31341.

164 F.3d 270 (1999)

Robin FREE and Renee Free, Plaintiffs-Appellants, v. ABBOTT LABORATORIES, INC., Bristol-Myers Squibb Company, Inc., and Mead Johnson & Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 19, 1999.


Attorney(s) appearing for the Case

Daniel Adam Small, Matthew F. Pawa, Michael D. Hausfeld, Cohen, Milstein, Hausfeld & Toll, Washington, DC, Patrick W. Pendley, Plaquemine, LA, for Plaintiffs-Appellants.

Frank Brian Cicero, Jr., Craig A. Knot, Leslie M. Smith, Kirkland & Ellis, Chicago, IL, William R. D'Armond, Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, Baton Rouge, LA, for Abbott Laboratories, Inc.

John M. Landis, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, LA, for Defendants-Appellees.

Max Rees Shulman, Cravath, Swaine, et al., New York City, Phillip A Wittmann, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, LA, for Bristol Myers-Squibb Co., Inc. and Mead Johnson & Co.

Jane Bishop Johnson, Louisiana Dept. of Justice, Baton Rouge, LA, for State of Louisiana, Amicus Curiae.

Before REYNALDO G. GARZA, JONES and DeMOSS, Circuit Judges.


EDITH H. JONES, Circuit Judge:

In this second appeal generated by an antitrust class action against baby-formula manufacturers, appellants renew their argument that the district court's exercise of diversity jurisdiction was improper because their claims did not satisfy the amount in controversy requirement of 28 U.S.C. § 1332 (1993). They alternatively contend that the district court erred in ruling that Louisiana antitrust law denied them standing due to their...

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