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IN RE EPOGEN & ARANESP OFF-LABEL MARKETING & SALES

MDL No. 08-1934 PSG (AGRx).

590 F.Supp.2d 1282 (2008)

In re: EPOGEN & ARANESP OFF-LABEL MARKETING & SALES PRACTICES LITIGATION.

United States District Court, C.D. California.

December 17, 2008.

PHILIP S. GUTIERREZ, District Judge.

Before the Court are Defendants' separate motions to dismiss the Complaint. The Court heard oral argument on the matter on November 3, 2008. For the reasons set forth below, the Court DIMISSES the complaint with leave to amend.

I. Background

A. The Parties

Plaintiff Sheet Metal Workers National Health Fund ("SMW") is a welfare plan that provides...

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