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RULE v. FORT DODGE ANIMAL HEALTH, INC.

No. 09-1364.

607 F.3d 250 (2010)

Jessica C. RULE, individually and on behalf of all others similarly situated, Plaintiff, Appellant, v. FORT DODGE ANIMAL HEALTH, INC., and Wyeth Corporation, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 2, 2010.

Attorney(s) appearing for the Case

John Peter Zavez with whom Noah Rosmarin and Adkins, Kelston & Zavez, P.C. were on brief for appellant.

John J. Butts with whom Felicia H. Ellsworth and Wilmer Cutler Pickering Hale and Dorr LLP were on brief for appellees.

Before TORRUELLA, BOUDIN and HOWARD, Circuit Judges.

BOUDIN, Circuit Judge.

This appeal presents an issue of Massachusetts law on which state-court precedent is still evolving. The suit at issue was dismissed on the complaint so we take the allegations as true. In re Colonial Mortgage Bankers Corp., 324 F.3d 12, 15 (1st Cir.2003). Although harm to the named plaintiff is arguably non-existent—this depends on legal definition—the complaint is framed as a class action...

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