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IN RE NUTRAQUEST, INC.

Civil Action No. 03-cv-05869, Adversary Proceeding No. 04-cv-01275, No. 04-4387.

434 F.3d 639 (2006)

In re: NUTRAQUEST, INC., Debtor Linda Will; George Wheeler, Jr., as Independent Co-Administrators of the Estate of Rashidi Wheeler, deceased v. Northwestern University; Charles Taylor; Randall Walker; Jerry Brown; Terrence Aggeler, Larry Lilja; Thomas Christian; Justin Chabot; Michael Rose; Mark Gardner, M.D. v. *Next Proteins, Inc., f/k/a Next Nutrition, Inc., d/b/a Next Proteins International; The Ultimate Orange Energy Co. LLC; Ultimate Energy Co.; Phoenix Laboratories, Inc.; General Nutrition Corporation, d/b/a General Nutrition Companies, Inc., a wholly owned subsidiary of Royalo Numico Nv, Cytodyne Technologies, Inc., n/k/a Nutraquest, Inc., Third Party Defendants Northwestern University, Charles Taylor, Randolph Walker, Jerry Brown, Terence Aggeler, Larry Lijla, Thomas Christian, Justin Chabot and Michael Rose, Appellants. *(Amended Per the Clerk's Order dated 6/24/05)

United States Court of Appeals, Third Circuit.

Filed January 20, 2006.

Attorney(s) appearing for the Case

Simon Kimmelman, Sterns & Weinroth, Trenton, NJ, for Debtor.

Thomas C. Marszewski, James D. Montgomery, Cochran, Cherry, Givens, Smith & Montgomery, Chicago, IL, for Linda Will, George Wheeler, Jr.

Eugene A. Schoon, Sidley, Austin, Brown & Wood, Chicago, IL, Nancy A. Washington, Saiber, Schlesinger, Satz & Goldstein, Newark, NJ, for Appellants.

Jennifer Snyder-Heis, Ulmer & Berne, Cincinnati, OH, for Third Party Defendants.

Before: BARRY and AMBRO, Circuit Judges and POLLAK, District Judge.

Submitted Under Third Circuit LAR 34.1(a) November 15, 2005.

AMBRO, Circuit Judge.

Rashidi Wheeler, a football player at Northwestern University, died during a team practice. His estate1 sued Northwestern. Because Wheeler had ingested ephedra-containing products on the day he died, Northwestern sued the makers of these products for contribution. Nutraquest, Inc., one of these third-party defendants (all of whom were ultimately...

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