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McDANIEL v. UPSHER-SMITH PHARMACEUTICALS, INC.

No. 2:16-cv-02604-JPM-cgc.

229 F.Supp.3d 707 (2017)

Rita McDANIEL, Individually and as Personal Representative of the Estate of Johnny F. McDaniel, Deceased, Plaintiff, v. UPSHER-SMITH PHARMACEUTICALS, INC., Defendant.

United States District Court, W.D. Tennessee, Western Division.

Signed January 26, 2017.

Attorney(s) appearing for the Case

Edward Kirksey Wood, Jr. , Wood Law Firm LLC, Birmingham, AL, Dustin Colt Childers , Langston & Lott, P.A., Booneville, MS, for Plaintiff.

Eric E. Hudson , Butler Snow O'Mara Stevens & Canada, PLLC, Kyle R. Cummins , Butler Snow LLP, Memphis, TN, for Defendant.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS

Before the Court is Defendant Upsher-Smith Pharmaceuticals, Inc.'s Motion to Dismiss, filed August 22, 2016. (ECF No. 17.) For the reasons stated below, the Motion to Dismiss is GRANTED in part and DENIED in part.

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