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PLUBELL v. MERCK & CO., INC.

No. 05-4217.

434 F.3d 1070 (2006)

Mary PLUBELL, on behalf of herself and all others similarly situated; Respondent, v. MERCK & CO., INC.; Petitioner.

United States Court of Appeals, Eighth Circuit.

Filed: January 20, 2006.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was John H. Beisner, Washington, DC.

Counsel who presented argument on behalf of the appellee was Patrick J. Stueve, Kansas City, MO.

Before SMITH, McMILLIAN, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

This case involves a putative class action filed in Missouri state court against Merck & Co., Inc., manufacturer of the prescription drug Vioxx. Merck sought to remove the case to federal court under the Class Action Fairness Act of 2005, Pub.L. No. 109-2, 119 Stat. 4, arguing that a new action commenced when Mary Plubell replaced Carol Green Richardson as class representative. The district court...

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