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McDANIEL v. UPSHER-SMITH PHARMACEUTICALS, INC.

No. 2:16-cv-02604-JPM-cgc.

229 F.Supp.3d 707 (2017)

Rita McDANIEL, Individually and as Personal Representative of the Estate of Johnny F. McDaniel, Deceased, Plaintiff, v. UPSHER-SMITH PHARMACEUTICALS, INC., Defendant.

United States District Court, W.D. Tennessee, Western Division.

Signed January 26, 2017.

Attorney(s) appearing for the Case

Edward Kirksey Wood, Jr., Wood Law Firm LLC, Birmingham, AL, Dustin Colt Childers, Langston & Lott, P.A., Booneville, MS, for Plaintiff.

Eric E. Hudson, Butler Snow O'Mara Stevens & Canada, PLLC, Kyle R. Cummins, Butler Snow LLP, Memphis, TN, for Defendant.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS

Before the Court is Defendant Upsher-Smith Pharmaceuticals, Inc.'s Motion to Dismiss, filed August 22, 2016. (ECF No. 17.) For the reasons stated below, the Motion to Dismiss is GRANTED in part and DENIED in part.

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