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IN RE DIET DRUGS PRODUCTS LIABILITY LITIGATION

No. 07-1957.

543 F.3d 179 (2008)

In re DIET DRUGS (PHENTERMINE/FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION. Gay Patterson and Kenneth Patterson, Appellants.

United States Court of Appeals, Third Circuit.

Filed September 11, 2008.

Attorney(s) appearing for the Case

Kip A. Petroff, Esquire (Argued), Petroff & Associates, Dallas, TX, Wayne R. Spivey, Esquire, Shrager, Spivey, Sachs & Weinstock, Philadelphia, PA, Attorneys for Appellants.

Robert D. Rosenbaum, Esquire (Argued), Arnold & Porter Washington, D.C., Peter L. Zimroth, Esquire, Arnold & Porter, New York, NY, Attorneys for Appellee, Wyeth Corporation, f/k/a American Home Products Corporation.

Andrew A. Chirls, Esquire, (Argued), Christopher L. Soriano, Esquire, Wolf-Block, Philadelphia, PA, Attorneys for Appellee, AHP Settlement Trust.

Before: SCIRICA, Chief Judge, FISHER and ROTH, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Chief Judge.

Gay Patterson is a claimant seeking payment under the National Class Action Settlement Agreement ("Settlement Agreement") in this multi-district litigation.1 Under the Settlement Agreement, Wyeth, formerly American Home Products Corporation, has contributed funds for the payment of claims. AHP Settlement Trust ("Trust") administers and reviews the claims and awards benefits to class...

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