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McCAULLEY v. PURDUE PHARMA, L.P.

No. 2:01CV00080.

172 F.Supp.2d 803 (2001)

A.F. McCAULLEY, et al., Plaintiffs, v. PURDUE PHARMA, L.P., et al., Defendants.

United States District Court, W.D. Virginia, Big Stone Gap Division.

November 15, 2001.

Attorney(s) appearing for the Case

Neil L. Henrichsen, Henrichsen Siegel, P.L.L.C., Washington, DC, Emmitt F. Yeary, Yeary & Associates, P.C., Abingdon, VA, and S. Strother Smith, III, Abingdon, VA, for Plaintiffs.

Wm. W. Eskridge and Wade W. Massie, Penn, Stuart & Eskridge, Abingdon, VA, for Defendants Purdue Pharma L.P., Purdue Pharma, Inc., and The Purdue Frederick Company.

Steven R. Minor, Elliott Lawson & Pomrenke, Bristol, VA, for Defendants Abbott Laboratories and Abbott Laboratories, Inc.

Richard Norton, Edgefield, SC, Pro se.

OPINION AND ORDER

JONES, District Judge.

The plaintiffs seek to add a new party defendant to this case, which if permitted would destroy diversity jurisdiction and require a remand to state court. Under the circumstances, I will exercise my discretion to deny the motion to add the nondiverse party and thus I will not remand the case.

I

In this action, removed from state court, the plaintiffs complain that they have been the victims of the...

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