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ROGERS v. TYSON FOODS, INC.

No. 02-1040.

308 F.3d 785 (2002)

Timothy A. ROGERS, Wendy A. Rogers, and Alan Westfall, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. TYSON FOODS, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 22, 2002.

Rehearing and Suggestion for Rehearing Denied November 22, 2002.

Attorney(s) appearing for the Case

John W. Hoffman (argued), Carr, Korein, Tillery, Kunin, Montroy, Cates & Glass, Belleville, IL, for plaintiffs-appellants.

William F. Conlon, David B. Johnson (argued), Sidley, Austin, Brown & Wood, Chicago, IL, for defendant-appellee.

Before BAUER, MANION, and ROVNER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied November 22, 2002.

MANION, Circuit Judge.

Plaintiffs, who are consumers of Tyson chicken, sued in state court alleging that Tyson fraudulently infused its chicken products with water and concealed the deceptive practice from consumers. Tyson removed the lawsuit to federal court. Plaintiffs appeal the district court's denial of their motion to remand to state court and the subsequent dismissal of this case...

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