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IN RE BAYCOL PRODUCTS LITIGATION

No. 09-1069.

593 F.3d 716 (2010)

In re BAYCOL PRODUCTS LITIGATION. Peggy Ann Mays; George F. McCollins, individually, and on behalf of all others similarly situated, Plaintiffs, Keith Smith; Shirley Sperlazza, Respondents-Appellants, v. Bayer Corporation, a foreign corporation, authorized to do business in West Virginia as Bayer Corporation, and also known as Bayer AG and Bayer Pharmaceutical, Defendant-Appellee, Bayer AG, a foreign corporation; GlaxoSmithKline, Inc., a foreign corporation; SmithKline Beecham Corporation; GlaxoSmithKline PLC, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: January 5, 2010.

Attorney(s) appearing for the Case

Richard Allen Monahan, argued, Charles Marion Love, IV, Marvin Wayne Masters, on the brief, Charleston, WV, for appellant.

Philip S. Beck, argued, Chicago, IL, Peter W. Sipkins, Minneapolis, MN, Adam L. Hoeflich, Susan A. Weber, James W. Mizgala, James R.M. Hemmings and Kathrine G. Minarik, on the brief, Chicago, IL, appellee.

Before MURPHY, SMITH, and BENTON, Circuit Judges.

MURPHY, Circuit Judge.

Plaintiff George McCollins represented a putative West Virginia class in this multidistrict litigation against the defendants who manufactured and produced Baycol, a prescription cholesterol lowering medication. His was one of thousands of similar Baycol lawsuits consolidated for pretrial proceedings in the district court, In re Baycol Prods. Litig., MDL No. 1431. After the presiding judge1 denied certification...

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