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MEREDITH v. HEALTH CARE PRODUCTS, INC.

No. 91-CV-0086-B.

777 F.Supp. 923 (1991)

James D. MEREDITH, and Esther L. Meredith, Plaintiffs, v. HEALTH CARE PRODUCTS, INC., d/b/a Anderson Pharmacals; Barbara W. Larkins as an Officer and Agent of Health Care Products, Inc., d/b/a Anderson Pharmacals; Elbert Carl Anderson, Jr., as an Officer and Agent in Health Care Products, Inc., d/b/a Anderson Pharmacals; Ronald E. Anderson, as an Officer and Agent of Health Care Products, Inc., d/b/a Anderson Pharmacals; Barbara W. Larkins as an Officer and Agent of Anderson Pharmacals; Elbert Carl Anderson, Jr., as an Officer and Agent of Anderson Pharmacals; Ronald E. Anderson, as an Officer and Agent of Anderson Pharmacals; Health Care Products, Inc., d/b/a Cal-Ban 3000; Barbara W. Larkins as an Officer and Agent of Health Care Products, Inc., d/b/a Cal-Ban 3000; Elbert Carl Anderson, Jr., as an Officer and Agent of Health Care Products, Inc., d/b/a Cal-Ban 3000; Ronald E. Anderson, as an Officer and Agent of Health Care Products, Inc., d/b/a Cal-Ban 3000; Health Care Products, Inc., d/b/a Florida Regional Advertising; Barbara W. Larkins, as an Officer and Agent of Health Care Products, Inc., d/b/a Florida Regional Advertising; Elbert Carl Anderson, Jr., as an Officer and Agent of Health Care Products, Inc., d/b/a Florida Regional Advertising; Ronald E. Anderson, as an Officer and Agent of Health Care Products, Inc., d/b/a Florida Regional Advertising; Barbara W. Larkins, Individually; Elbert Carl Anderson, Jr., Individually; and Ronald E. Anderson, Individually, Defendants.

United States District Court, D. Wyoming.

November 7, 1991.

Attorney(s) appearing for the Case

Andrew W. Hutton, Michaud, Hutton & Bradshaw, Wichita, Kan., and Michael K. Shoumaker, Sheridan, Wyo., for plaintiffs.

Patrick J. Murphy, Williams, Porter, Day & Neville, Casper, Wyo., for defendants.

Kevin H. Graham, Shumaker, Loop & Kendrick, Tampa, Fla., for individual defendants Larkins, Elbert C. and Ronald E. Anderson.

ORDER

BRIMMER, Chief Judge.

This matter comes before the Court on defendants' motions. The Court, having considered the materials on file both in support of and in opposition to the motions, having considered the arguments of counsel, and being fully advised in the premises, FINDS and ORDERS as follows:

BACKGROUND

The plaintiffs' claims arise out of the purchase and consumption of the dietary supplement known as Cal-Ban 3000. The Food and...

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