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ELKINS v. MYLAN LABORATORIES, INC.

Case No. 1:12-CV-255 TS.

ANNA ELKINS, Individually, as Heir to and on behalf of the Estate of LISA JOY ELKINS-REESE, Deceased, Plaintiff, v. MYLAN LABORATORIES, INC., n/k/a MYLAN INC.; MYLAN PHARMACEUTICALS, INC.; and MYLAN TECHNOLOGIES, INC., Defendants.

United States District Court, D. Utah, Northern Division.

June 25, 2013.

Attorney(s) appearing for the Case

Anna Elkins, Deceased, Plaintiff, represented by Nancy A. Mismash , ROBERT J DEBRY & ASSOCIATES.

Anna Elkins, Plaintiff, represented by Camille Leigh Edwards , BURKE HARVEY & FRANKOWSKI LLC & William Todd Harvey , BURKE HARVEY & FRANKOWSKI LLC.

Mylan Laboratories, represented by Clem C. Trischler , PIETRAGALLO GORDON ALFANO BOSICK & RASPANTI LLP.

Mylan Laboratories, Defendant, represented by Kamie F. Brown , RAY QUINNEY & NEBEKER.

Mylan Pharmaceuticals, Defendant, represented by Clem C. Trischler , PIETRAGALLO GORDON ALFANO BOSICK & RASPANTI LLP & Kamie F. Brown , RAY QUINNEY & NEBEKER.

Mylan Technologies, Defendant, represented by Clem C. Trischler , PIETRAGALLO GORDON ALFANO BOSICK & RASPANTI LLP & Kamie F. Brown , RAY QUINNEY & NEBEKER.

MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS

TED STEWART, District Judge.

This matter is before the Court on Defendants' Motion to Dismiss. For the reasons discussed below, the Court will grant the Motion in part and deny it in part.

I. BACKGROUND

Plaintiff Anna Elkins is the mother of Lisa Joy Elkins-Reese (the "Decedent") and the duly appointed personal representative of Decedent's estate...

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