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COGDELL v. WYETH

No. 03-12146.

366 F.3d 1245 (2004)

Vera COGDELL, Grant Cogdell, Plaintiffs-Appellees, v. WYETH, a Delaware corporation f/k/a American Home Products Corporation, Wyeth Pharmaceuticals, a Delaware corporation and subsidiary of Wyeth f/k/a Wyeth-Ayerst Laboratories Inc., A.H. Robins Company, Inc., a Delaware corporation and subsidiary of Wyeth, Defendants-Appellants, Fisons Corporation, a Massachusetts corporation, Eckerd Corporation of Florida, Inc. a Florida corporation, Judith Alkire, Defendants.

United States Court of Appeals, Eleventh Circuit.

April 26, 2004.

Attorney(s) appearing for the Case

Christopher S. Rhee, Robert D. Rosenbaum, Robert N. Weiner, Washington, DC, Lamar D. Oxford, Dean, Ringers, Morgan & Lawton, P.A., Orlando, FL, for Defendants.

William Harrison Ogle, Ledford, Mayfield & Ogle, Ormond Beach, FL, for Plaintiffs-Appellees.

Before TJOFLAT, HULL and FAY, Circuit Judges.

TJOFLAT, Circuit Judge:

The case began on February 6, 2003, when Vera and Grant Cogdell filed a complaint in the Circuit Court of Volusia County, Florida, against Wyeth.1 Wyeth accepted service of process on February 17, 2003, and on March 10, 2003, moved the circuit court alternatively to dismiss the complaint for failure to state a claim for relief or for a more definite statement on the ground that the allegations of the complaint were...

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