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ADVOCARE INTERN. LP v. HORIZON LABORATORIES, INC.

No. 06-11157.

524 F.3d 679 (2008)

ADVOCARE INTERNATIONAL, LP, Plaintiff-Appellee, v. HORIZON LABORATORIES, INC., Defendant-Third Party Plaintiff-Appellant. Richard Scheckenbach; R-Squared Nutrition, Inc., Defendants-Appellants, v. Lexington Insurance Co., Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 11, 2008.

Attorney(s) appearing for the Case

Daniel J. Sheehan, Jr. (argued), Daniel Sheehan & Associates, Dallas, TX, for Plaintiff-Appellee.

James Gregory Morris (argued), Morris & Associates, Sherman Oaks, CA, for Horizon Laboratories, Inc.

Charles E. Leche (argued), Deutsch, Kerrigan & Stiles, New Orleans, LA, Jay Reynolds Downs, Downs & Stanford, Dallas, TX, for Lexington Ins. Co.

Before HIGGINBOTHAM, DAVIS and SMITH, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

AdvoCare International, L.P. formulated and sold products for improving nutrition and weight loss. It contracted with Horizon Laboratories, Inc. to manufacture some of its products, including products with ephedra, an ingredient that proved to be controversial. AdvoCare also contracted with R-Squared and its owner, Richard Scheckenbach, to formulate some of AdvoCare's products. Various damages suits were filed against AdvoCare...

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