PA Empl Benefit v. Zeneca Inc

Opinion

Opinions of the United 2007 Decisions States Court of Appeals for the Third Circuit

8-24-2007

PA Empl Benefit v. Zeneca Inc Precedential or Non-Precedential: Precedential

Docket No. 05-5340

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Recommended Citation "PA Empl Benefit v. Zeneca Inc" (2007). 2007 Decisions. Paper 489. http://digitalcommons.law.villanova.edu/thirdcircuit_2007/489

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2007 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu. UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 05-5340

PENNSYLVANIA EMPLOYEES BENEFIT TRUST FUND on behalf of itself and all others similarly situated; JOSEPH MACKEN; COMMISSIONER LINDA A. WATTERS,

Appellants

v.

ZENECA INC.; ASTRAZENECA PHARMACEUTICALS LP

On Appeal from the United States District Court for the District of Delaware District Court No. 05-cv-00075 District Judge: Hon. Sue L. Robinson

BEFORE: SMITH, COWEN and SILER,* Circuit Judges

*Honorable Eugene E. Siler, Senior Circuit Judge for the United States Court of Appeals for the Sixth Circuit, sitting by designation. ORDER AMENDING OPINION

IT IS HEREBY ORDERED that the dissenting opinion in this case, filed August

17, 2007, be amended as follows:

Page 40, second paragraph, second sentence which reads “The labeling of a

prescription drug does contain or . . . .” should read: “The labeling of a prescription drug

does not contain or . . . .”

By the Court,

/s/ Robert E. Cowen United States Circuit Judge

Dated: 24 August 2007