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MOORE v. MYLAN INC.

Civil Action No. 1:11-CV-03037-MHS.

840 F.Supp.2d 1337 (2012)

Octavia L. MOORE, individually, and as next friend and guardian for and on behalf of George L. Frazier, Jr., et al., Plaintiffs, v. MYLAN INC., f/k/a Mylan Laboratories Inc., et al., Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

January 5, 2012.

Attorney(s) appearing for the Case

Charles Andrew Childers , Michael Brandon Smith , Childers, Schlueter & Smith, LLC, Atlanta, GA, for Plaintiffs.

Lucas Allen Westby , Stephen Mann Brooks , Nelson Mullins Riley & Scarborough, Ann Marie Byrd , DLA Piper LLP, Atlanta, GA, Dylan M. Carson , Sandy M. Eloranto , Tucker, Ellis & West, LLP, Denver, CO, for Defendants.

ORDER

MARVIN H. SHOOB, Senior District Judge.

Presently before the Court are defendants' motions to dismiss. The Court's rulings and conclusions are set forth below.

Background

This is a personal injury and products liability suit brought against the drug manufacturers of the prescription medication phenytoin, sold under the brand name Dilantin. According to the complaint, decedent George L. Frazier was prescribed

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