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BURDEN v. JOHNSON & JOHNSON MEDICAL

No. 04-20777.

447 F.3d 371 (2006)

Kathy N. BURDEN, et al., Plaintiffs, v. JOHNSON & JOHNSON MEDICAL, et al., Defendants. Ansell Healthcare Products Inc., formerly known as Ansell Inc., formerly known as Ansell Perry Inc., Becton Dickinson & Co., Defendants-Cross-Defendants-Appellees, v. Owens & Minor Medical Inc., Owens & Minor Inc., Defendants-Cross-Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 19, 2006.

Attorney(s) appearing for the Case

Richard Michael Duffy, Gardner, Carton & Douglas, Chicago, IL, Gene Francis Creeley, II, Cozen O'Connor, Houston, TX, for Ansell Healthcare Products Inc.

Andrew William Schwartz (argued), Barry M. Epstein, Stuart M. Feinblatt, Sills, Cummis, Radin, Tischman, Epstein & Gross, Newark, NJ, William Clarence Dowdy, III, Strasburger & Price, Dallas, TX, for Becton Dickinson & Co.

Robert F. Redmond, Jr. (argued), William W. Belt, Williams Mullen, Richmond, VA, Michael Ray Walzel, Michael Kent Rose, Stevens, Baldo & Freeman, Beaumont, TX, for Owens & Minor Medical, Inc. and Owens & Minor, Inc.

Before HIGGINBOTHAM, WIENER, and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

This case involves an important question of state law which the Texas courts have not as yet resolved. We therefore have determined that our proper course, in this diversity jurisdiction case in which we are to apply the law of the State of Texas, is to certify the central question in this matter to the Supreme Court of Texas.

CERTIFICATE FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT TO THE SUPREME COURT OF TEXAS, PURSUANT...

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