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IN RE DIET DRUGS PRODUCTS LIABILITY LITIGATION

Nos. 03-2025, 03-2063, 03-2072.

385 F.3d 386 (2004)

In re: DIET DRUGS (PHENTERMINE/FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION Fleming & Associates, LLP, on behalf of its clients subject to the Sixth Amendment to the Nationwide Class Action Settlement Agreement with American Home Products Corporation, Appellant in No. 03-2025 Joel Zuckerberg, Appellant in No. 03-2063 Hariton & D'Angelo, LLP and Napoli, Kaiser, Bern & Associates, LLP, on behalf of themselves and their clients who are specifically identified in and/or whose claims are affected by Pretrial Order No. 2778, Appellants in No. 03-2072.

United States Court of Appeals, Third Circuit.

Filed October 5, 2004.

Attorney(s) appearing for the Case

George M. Fleming, Sylvia Davidow, Rand P. Nolen, Fleming & Associates, LLP, Houston, TX, Jonathan Massey (argued), Jonathan Massey, P.C., Washington, DC, Mike O'Brien, Mike O'Brien, P.C., Houston, TX, for Appellant Fleming & Associates, LLP.

N. Albert Bacharach, Jr., Gainesville, FL, for Appellant Joel Zuckerberg.

Paul J. Napoli, Denise A. Rubin, W. Steven Berman, Napoli, Kaiser, Bern & Associates, Great River, NY, Mario D'Angelo, Hariton & D'Angelo, Great River, NY, for Appellants Napoli, Kaiser, Bern & Associates, LLP and Hariton & D'Angelo, LLP.

Peter L. Zimroth, Arnold & Porter, New York, NY, Robert D. Rosenbaum (argued), Sarah M. Brackney, Arnold & Porter, Washington, DC, Arnold Levin, Michael D. Fishbein (argued), Fred S. Longer, Arnold & Levin, Philadelphia, PA, Charles R. Parker, John Roberson, Hill & Parker, Houston, TX, for Appellees American Home Products Corporation (a.k.a Wyeth), Plaintiffs' Class and Class Counsel.

Before AMBRO, FUENTES and CHERTOFF, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge.

This appeal arises from the multi-district litigation (MDL) 1203 diet drug product liability litigation. The appeal concerns the validity of an amendment (the "Sixth Amendment") to the Nationwide Class Action Settlement Agreement (the "Settlement Agreement") executed between Appellants and American Home Products Corporation (a.k.a. "Wyeth")1 in relation to the diet drugs litigation...

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