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NICHOLSON v. F. HOFFMANN LAROCHE, LTD.

No. COA02-247.

576 S.E.2d 363 (2003)

Tina L. NICHOLSON, Michael Armstrong, and Merrill J. Fowler, on behalf of themselves and all others similarly situated in North Carolina, Plaintiffs, v. F. HOFFMANN-LAROCHE, LTD., et al., Defendants. and State of North Carolina, ex rel., Roy Cooper, Attorney General, Plaintiff, v. F. Hoffmann-Laroche, Inc., et al., Defendants.

Court of Appeals of North Carolina.

February 18, 2003.

Attorney(s) appearing for the Case

Stubbs & Perdue, P.A., by Jason Hendren, Raleigh, and Michael Malone and Law Offices of George A. Barton, P.C., by George A. Barton, Kansas City, MO, for appellant.

Helms, Mullis & Wicker, PLLC, by William C. Mayberry, Peter J. Covington, and Jason Evans and Mayer, Brown, Rowe & Maw, by Mary K. Mandeville, Charlotte, for defendant-appellees.

James F. Wyatt, III, Charlotte, and Straus & Boies, LLP, by David Boies, Timothy Battin, Ian Otto, Fairfax, and Michael Straus, Birmingham, AL, for plaintiffs-appellees.

Attorney General Roy Cooper, by Assistant Attorney General K.D. Sturgis, for the State of North Carolina-appellees.

WYNN, Judge.

Bill Beaver, appellant, contends the trial court erred in denying his motion to intervene. Because appellant's appeal is interlocutory, we hereby dismiss his appeal.

On 5 March 1999, Tina Nicholson, a North Carolina resident and a consumer of various vitamin products, filed a class action case against the major manufacturers of those vitamin products, based upon an alleged price fixing and market allocation conspiracy that occurred during the...

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