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DEMAHY v. WYETH INC.

Civil Action No. 08-3616.

586 F.Supp.2d 642 (2008)

Julie DEMAHY v. WYETH INC., et al.

United States District Court, E.D. Louisiana.

October 27, 2008.

Attorney(s) appearing for the Case

Richard Alvin Tonry, II, Brian L. Glorioso, Kristine Kuhn Sims, Raymond Joseph Brinson, Tonry, Brinson & Glorioso, LLC, Slidell, LA, for Julie Demahy.

Elizabeth Haecker Ryan, Lemle & Kelleher, LLP, New Orleans, LA, Kristen L. Mayer, Richard A. Dean, Tucker Ellis & West LLP, Cleveland, OH, for Wyeth Inc., et al.

ORDER & REASONS

CARL J. BARBIER, District Judge.

Before the Court is Defendant Actavis Inc.'s ("Actavis") Motion to Dismiss (Rec. Doc.19) under Rule 12(b)(6) based on federal conflict preemption. The motion came before the Court for oral argument on September 17, 2008, and was taken under advisement. Having reviewed the motion, the memoranda of counsel, the parties' statements at oral argument, and the applicable law, the Court finds...

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