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BENKWITH v. MATRIXX INITIATIVES, INC.

No. 2:04-cv-623-MEF.

467 F.Supp.2d 1316 (2006)

Maxine BENKWITH, individually and on behalf of all other similarly situated persons, Plaintiff, v. MATRIXX INITIATIVES, INC., et al., Defendants.

United States District Court, M.D. Alabama, Northern Division.

December 27, 2006.

Attorney(s) appearing for the Case

Andrew P. Campbell, Wendy. T. Tunstill, Cinda R. York, Campbell Waller & Poer LLC, William Tipton Johnson, III, Jeffrey Conett Kirby, Pittman Dutton Kirby & Hellums PC, Birmingham, AL, for Plaintiff.

Alan J. Lazarus, Drinker Biddle & Reath LLP, San Francisco, CA, Frederick George Helmsing, Sr., Joseph P.H. Babington, Patrick Conor Finnegan, Russell Crandle Buffkin, Thomas Ryan Luna, Helmsing Leach Herlong Newman Rouse PC, Mobile, AL, Susan Margaret Sharko, Drinker Biddle & Reath LLP, Florham Park, NJ, Billington Malone Garrett, Office of the Attorney General, Montgomery, AL, for Defendants.

MEMORANDUM OPINION AND ORDER

FULLER, Chief Judge.

Plaintiff Maxine Benkwith brings this action against Matrixx Initiatives, Inc., Zicam, LLC, Botanical Laboratories, Inc., and McKesson Corporation (hereinafter collectively "Defendants"), claiming that a nasal spray designed, manufactured, marketed, and shipped by Defendants paused her to lose her senses of smell and taste. This cause is presently before the Court on Defendants' (1) Motion to Exclude...

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