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LEFAIVRE v. KV PHARMACEUTICAL CO.

No. 10-1326.

630 F.3d 733 (2011)

Allen LEFAIVRE, Individually and on behalf of all others similarly situated, Appellant, v. KV PHARMACEUTICAL COMPANY; Ethex Corporation; Ther-Rx Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 19, 2011.

Attorney(s) appearing for the Case

Marc R. Stanley , argued, Dallas, TX, Martin Woodward , Dallas, TX, Andrew S. Kierstead , Portland, OR, Peter N. Wasylyk , Providence, RI, Robert D. Blitz , Christopher O. Bauman , and Ronnie L. White , St. Louis, MO, on the brief, for appellant.

Sandra Hauser , argued, Lydia A. Keaney , New York, NY, Margaret D. Hall , Dallas, TX, Stephen H. Rovak , St. Louis, MO, on the brief, for appellees.

Before BYE, BEAM, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Allen Lefaivre, individually and on behalf of all others similarly situated, brought this potential class action suit against KV Pharmaceutical Company, Ethex Corporation, and Ther-Rx Corporation (collectively, "KV"). KV manufactures a hypertension medication called Metoprolol Succinate ER. Lefaivre alleged that KV breached its implied warranty of merchantability and violated the Missouri Merchantability...

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