This cause came on for further consideration upon the filing of a notice regarding the bankruptcy status of appellant Pfizer Inc. On December 20, 2004, appellant Pfizer Inc., filed a notice indicating that the United States Bankruptcy Court for the Southern District of New York granted relief from the federal stay for purposes of continuing proceedings in this matter. On December 30, 2004, this court issued a decision on the merits in this case. Accordingly,
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