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IN RE DIET DRUGS

No. 00-1393.

282 F.3d 220 (2002)

In re DIET DRUGS (Phentermine, Fenfluramine, Dexfenfluramine) Products Liability Litigation, Lydia D. Gonzalez, Jo Ann Gorena, and Maria I. Smith, on behalf of themselves and the certified Texas Gonzalez class of all other similarly situated individuals and class counsel for the certified Texas Gonzalez class, Appellants.

United States Court of Appeals, Third Circuit.

Filed February 26, 2002.

Attorney(s) appearing for the Case

John W. MacPete (Argued), Grand Prairie, TX, Keith M. Jensen, Fort Worth, TX, for Appellants.

Peter L. Zimroth (Argued), Arnold & Porter, New York, NY, Robert D. Rosenbaum, Arnold & Porter, Washington, DC, Michael T. Scott, Reed Smith, LLP, Philadelphia, PA, for Appellee, American Home Products Corporation.

Arnold Levin (Argued), Levin Fishbein Sedran & Berman, Philadelphia, PA, for Appellees, Brown Class Representative Plaintiffs.

Before: SCIRICA, GREENBERG and COWEN, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this matter involving competing mass tort class actions in federal and state courts, we address an interlocutory appeal in a complex multidistrict federal class action comprising six million members from an order enjoining a mass opt out of a state class. We will affirm.

I.

The underlying case involves two drugs, both appetite suppressants, fenfluramine — marketed as "Pondimin" —...

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