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PRICE v. WYETH HOLDINGS CORP.

No. 06-2072.

505 F.3d 624 (2007)

Charles PRICE, Plaintiff-Appellant, v. WYETH HOLDINGS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 20, 2007.

Attorney(s) appearing for the Case

Delmar P. Kuchaes (argued), Crown Point, IN, for Plaintiff-Appellant.

Roger W. Yoerges (argued), Wilmer, Cutler, Pickering, Hale & Dorr, Washington, DC, for Defendant-Appellee.

Before EASTERBROOK, Chief Judge, and CUDAHY and SYKES, Circuit Judges.

SYKES, Circuit Judge.

Charles Price voluntarily dismissed his Indiana state-court lawsuit against American Cyanamid Company and Lederle Laboratories in 1993. Unbeknownst to the defendants, Price then reinstated the suit five years later and obtained a $5 million default judgment from the state court. Price's attorney gave the defendants no notice of these proceedings until he sought to collect on the judgment in 2004, at which point the defendants quickly removed...

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