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FINNICUM v. WYETH, INC.

Civil Action No. 1:09-CV-785.

708 F.Supp.2d 616 (2010)

Judith FINNICUM, Plaintiff, v. WYETH, INC., Schwarz Pharma, Inc., and Actavis-Elizabeth, L.L.C., Individually and as a Subsidiary of Actavis, Inc. and as Successor to Purepac Pharmaceutical, Inc., Defendants.

United States District Court, E.D. Texas.

April 28, 2010.

Attorney(s) appearing for the Case

William Burton Curtis, Miller Curtis & Weisbrod, Dallas, TX, for Plaintiff.

Kelly Ruth Kimbrough, Leslie Anne Benitez, Clark Thomas & Winters, Austin, TX, Andrew J. Calica, Henninger S. Bullock, Mayer Brown Rowe & Maw, New York, NY, for Defendants.

MEMORANDUM AND ORDER

MARCIA A. CRONE, District Judge.

Pending before the court is Defendants Wyeth, Inc. ("Wyeth") and Schwarz Parma, Inc.'s ("Schwarz") (collectively, "Defendants") Motion for Summary Judgment (#24). Defendants seek summary judgment on Plaintiff Judith Finnicum's ("Finnicum") claims related to her ingestion of the prescription drug metoclopramide. Having reviewed the pending motion, the submissions of the parties, the pleadings, and the...

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